Tag: Criminal Law

  • “In law and in life, embracing every opportunity for learning and mentorship is the compass that guides you towards success.” – Raghunath Peter Doraisamy, Managing Partner at PDLegal LLC Advocates & Solicitors.

    “In law and in life, embracing every opportunity for learning and mentorship is the compass that guides you towards success.” – Raghunath Peter Doraisamy, Managing Partner at PDLegal LLC Advocates & Solicitors.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    With 25 years of extensive practice in law, you’ve built an impressive career as the Managing Partner of PDLegal LLC. Can you share a bit about your journey from college days and struggles you faced during that time and what motivated you to establish your own law firm?

    My journey in law began with a deep-rooted passion for justice and advocacy, nurtured during my university days. This drive, coupled with extensive experience gained over the years, led me to establish PDLegal LLC. My goal was to create a firm that embodies a blend of personalized, partner-level service with efficiency and cost-effectiveness, addressing the evolving needs of our clients.  

    Your areas of expertise range from Maritime and Shipping to International Trade, among others. What drew you to specialize in these particular fields, and how have they evolved over the course of your career?

    My inclination towards Maritime, Shipping, and International Trade law stemmed from recognizing the dynamic and globally interconnected nature of these fields. These areas are not only pivotal to global commerce but also constantly evolving, presenting unique legal challenges and opportunities. Over my career, I’ve witnessed and adapted to significant changes in these sectors, ensuring that our firm stays at the forefront of legal expertise and innovation.

    Having been recognized by leading legal directories like Legal 500 and Chambers & Partners, what do you consider to be the key factors that contribute to your success as a litigation and arbitration counsel?

    The key factors that have contributed to my success in litigation and arbitration include a relentless commitment to excellence, a strategic approach to each case, and a deep understanding of our clients’ needs. Recognition by leading legal directories like Legal 500 and Chambers & Partners reflects our firm’s dedication to delivering high-quality legal services and our ability to achieve favourable outcomes for our clients.

    PDLegal LLC has a strong regional presence with offices in Singapore and Bangkok. How does the firm adapt to the legal landscape in different regions, and what challenges and opportunities does this bring to your practice?

    Adapting to the legal landscapes in Singapore and Bangkok involves a keen understanding of regional legal nuances and cultural sensitivities. Our firm leverages its strong regional presence to offer tailored legal solutions. The challenge lies in navigating diverse legal systems and market dynamics, but it also presents opportunities for cross-border collaboration and expanding our expertise in international law.

    Your practice involves both contentious and non-contentious matters. How do you balance being a trusted business advisor for non-contentious issues like joint ventures and mergers while also navigating complex litigation matters?

    The key to balancing both contentious and non-contentious matters lies in versatility and deep legal acumen. For non-contentious issues like joint ventures and mergers, I focus on being a strategic advisor, ensuring due diligence and foresight. In complex litigation, my approach is more dynamic, with an emphasis on thorough preparation and robust advocacy. This dual role requires adaptability and a deep understanding of our clients’ diverse needs.

    With your background in Maritime Law, how do you perceive the future of the maritime industry, especially considering the advancements in technology and environmental considerations?

    The maritime industry is poised for significant transformation, driven by technological advancements and environmental considerations. As we move towards more sustainable practices, I foresee increased adoption of stricter environmental regulations. 

    Given the recent advancements in technology, there’s a notable shift towards automation in shipping operations. How do you see this trend impacting the maritime industry, and what legal considerations or challenges might arise as a result of increased automation in shipping processes?

    Automation in shipping marks a revolutionary shift, enhancing operational efficiency and safety. However, it also introduces legal challenges, particularly in terms of liability, regulatory compliance, and cybersecurity. As the industry adapts to these changes, our role is to guide clients through this legal landscape, ensuring they stay ahead of the curve.

    As someone deeply involved in pro bono legal services, can you share a rewarding experience or a case where your involvement made a positive impact on the community you serve?

    We do a number of pro bono cases through the Law Society of Singapore Pro Bono Services (“LSSPBS”).

    Beyond your professional achievements, what are some personal hobbies or interests that you indulge in to unwind from the demands of the legal profession?

    To unwind from the demands of the legal profession, I enjoy watching football. I am an avid Manchester United fan.  

    Given your extensive experience and success, what advice would you offer to college students or young professionals on how they can make the most of their college days and choose meaningful internships to pave the way for a successful legal career?

    For university students and young professionals, my advice is to embrace every learning opportunity, whether in academics or internships. Focus on building a strong foundation in legal principles while also developing soft skills like communication and problem-solving. Networking and mentorship are invaluable; seek connections that inspire and guide you towards your career goals.

    Get in touch with Raghunath Peter Doraisamy-

  • “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share the story of how you embarked on your career in law? What initially drew you to corporate commercial law, litigation, and alternate dispute resolution?

    The prompt cause of getting into the legal profession is associated with my father who drew my attention towards this profession in my childhood. While I was growing up I witnessed my father working hard while being always surrounded by his clients and juniors, studying case files, researching All India Reporter, and giving dictation to his typist of cases till late at night. I think those were the facts that played a pivotal role in developing my deep interest in the legal profession.

    Immediately, after completing my law from Banaras Hindu University, I started practicing Criminal law before the Hon’ble High Court of Allahabad, at Allahabad Bench, and with the grace of God and my mother’s well wishes I soon presented my very first case and secured the desired order in the form of Direction given by the Hon’ble High Court of Allahabad which boosted my confidence as a lawyer and the journey never stopped after that. While I was practicing in Allahabad High Court, I had opportunities to handle a few corporate matters before the Apex Court which made me realize that I needed to explore my practice to other aspects of law which led me to practice in various Delhi Courts where I explored my practice into the Corporate side of law and matters related to Dispute Resolution since these are new in demand in our industry and becoming primary option of corporates. 

    Your profile reflects an extensive background in various legal domains, from real estate litigation to corporate litigation at the Supreme Court. How did you navigate these diverse areas, and what motivated you to explore such a wide range of legal practices?

    What best worked for me as motivation, is my willingness to learn which I have had from my childhood and I still have so much to learn and I am quite sure that learning will take me to a whole new level of my practice. The pursuit of learning and exploring different aspects of the law have kept me open to the matters of other different dimensions in my law practice where I could deal with the various nature of work including corporate matters such as finalizing Tender with government bodies including RFP/RFQ, LOI, Agreement assimilation, Criminal, Civil, RERA, Consumer matters, matrimonial cases, matter of NDPS, ARMS Act, Environmental issues and especially my Pro Bono works for the Labours. 

    With a core expertise in winning cases for your clients, can you highlight a specific instance or case that you consider a significant achievement in your career so far?

    There have been multiple significant cases that I consider as achievements in my career so far in the duration of the last 10 years, however, I would like to share one of my experiences which has been a milestone case for me till present. I once had the chance to represent a husband who was a victim of false charges under section 308 of IPC and was not able to get released on bail for a long time. Wherein I had the opportunity to Argue before the Hon’ble High Court, extensively based on the medical report of the informant elaborating Medical Jurisprudence related to the Court, and successfully secured the release of my client from jail by filing 3rd Bail Application. Another enthralling experience in the journey of my law practice so far has been pro bono cases that I have been doing across the country for construction laborers whose daily wages are illegally kept by their contractors and sometimes by their principal employer. 

    Balancing legal management, risk analysis, and project delivery across the country is no small feat. How do you manage such a diverse set of responsibilities, especially when it comes to litigation and arbitration for the company?

    I have been blessed with Balancing different dimensions of work with the help of my team in different roles and liabilities as per the requirement of the client. Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership. I would say, more than an individual, it is always a collective skill of my team who channelize their expertise and capabilities into their assigned task of legal management and risk analysis of various projects. 

    Reflecting on your journey from the Bar Council enrollment to your current role, how has your education, including LLB from Banaras Hindu University, contributed to your professional growth?

    A lawyer’s journey from the Bar Council Enrollment is always a roller coaster and mine as well is no different as it’s been more than a decade that has passed in this journey which has given me millions of experiences, be it better or worse, complex or simple, all it does is adds up value to my profession as more and more I polish myself into this profession. I still remember being a second-generation lawyer. I started practicing law with nothing in my hand and I kept struggling relentlessly for cases but I made it all meaningful when I got my first case. Even at present, I feel bound to give my best ever effort to every single case I represent before the Court. I would say most lawyers would actually agree when I say that what we study as law students in Law Schools is completely different from what we experience in reality but what remains embedded and enclosed to us during our entire professional journey is the spirit of being a lawyer that has brought us to this journey.    

    Throughout your career, you’ve worked on diverse cases, including real estate litigation and criminal matters. Can you share a challenging experience that provided valuable lessons and shaped your approach as a lawyer?

    In a decade’s journey of practicing law, I would say a few cases were challenging to the level that completely impacted my perspective. I had the opportunity to witness the remarkable change in the Consumer Protection Act while experiencing massive real estate exposure with cases against the Supertech Builders which started from NCDRC with only one client as a home buyer and ended up with a huge bulk of them against the builder before the Hon’ble Supreme Court leading the landmark judgment against Supertech.  

    Another challenging experience I would say was a pro-bono case when I was approached by a poor laborer for a matter of recovery of his daily wages that were maliciously kept on hold by the Contractor. I took on his case but later on, I started receiving requests from a massive group of laborers for the same issue which made me act on their behalf against not only one big-shot company but a lot of reputed construction companies which were beyond my expectation. Then I realized that the labor class needs representation before big companies for their grievances to get resolved by someone prudent at the ground level because not everyone can gather the courage to file a case before the court and contest it. As a lawyer, I deeply felt it is a big challenge for our fraternity to contribute our service to those classes who are important parts of our society and building our houses but are unable to feed their own family because of lack of knowledge and forced hunger on them.  

    Drawing from your experiences, what advice would you like to give to fresh law graduates aspiring to build successful careers in law, considering the diverse landscape of legal practice and the dynamic nature of the profession?

    Considering the diverse landscape of my legal practice, the only advice I would pass on to the fresh law graduates is that along with building their careers in the legal fraternity they must build up their personalities which reflect their smart work and prudency of the legal knowledge along with its better usage in the society. 

    Get in touch with Archana Mishra Kaul-

  • “With India experiencing rapid growth, witnessing a surge in startups and companies undergoing transformations, there is a burgeoning demand for M&A and related expertise”- Corporate Lawyer Sandip Patil

    “With India experiencing rapid growth, witnessing a surge in startups and companies undergoing transformations, there is a burgeoning demand for M&A and related expertise”- Corporate Lawyer Sandip Patil

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you provide a brief overview of your journey in the field of law, from your educational background to your current role as an in-house Legal Advisor?

    My journey began with a passion for Indian civil services, steering my interest towards law despite an initial background in mechanical engineering. Pursuing a law degree from the University of Pune, I prioritized learning over grades, delving deep into various legal dimensions through diplomas, certifications, and practical experience. Working extensively in real estate law before completing LLB, I continued to expand my expertise in diverse legal areas—Civil, Criminal, Family, Consumer, Cooperative, Commercial, Labour, and Finance. 

    Joining a Pune-based law firm with a broad spectrum of cases but limited manpower allowed me to rapidly acquire extensive knowledge. Transitioning to a corporate role in a Singapore based company, specializing in commercial, legal, and financial advisory for startups, exposed me to a new realm of laws such as Corporate, Intellectual Property Rights (IPR), and Cyber Law. 

    Currently, as a Legal Advisor in a cluster of companies, I handle multifaceted legal responsibilities spanning litigation management, corporate agreements, Real Estate law, IPR, Data Privacy, compliance, and due diligence. 

    In your experience at Bluebox Consulting Pte. Ltd. in Singapore, how did you handle entity creation, management, and dissolution, especially in the context of startup operations?

    During my tenure at Bluebox Consulting Pte. Ltd. in Singapore, I navigated entity creation, management, and dissolution within the startup landscape. Singapore’s legal and corporate procedures are notably straightforward, featuring user-friendly applications and streamlined processes that were quick to grasp and integrate into operations. Compared to India, the procedures are notably simpler and less cumbersome. Working closely with government agencies like ACRA & IRAS was a delight; their support further emphasized Singapore’s business-friendly ecosystem, which I found particularly favourable.

    How have skills such as Legal Research, Due Diligence, and Litigation Management been crucial in your day-to-day Work, and can you share a specific example where these skills were instrumental?

    In my current role, the company faces diverse litigations including SCC under section 138 of NI Act 1881, labor law cases, Special Civil suits, RCAs, among others. An instance that highlights the importance of my legal research skills occurred during a specific litigation where we needed case law to challenge the plaintiff’s authority to file the suit. Despite involving external counsel, my legal research proved pivotal. I uncovered relevant Case Laws that not only addressed the pertinent legal points but also showcased instances where the same individual involved in our case had committed a similar act in different cases across various High Court jurisdictions. This comprehensive research significantly contributed to our case strategy and defence.

    As someone with expertise in Contracts & Negotiation, what advice would you give to professionals entering negotiations for international agreements?

    For professionals entering negotiations regarding international agreements, I would emphasize the critical role of dispute resolution and jurisdiction clauses. Litigation costs in foreign countries such as the US and Singapore can be exceptionally high. Hence, incorporating arbitration clauses can significantly save on expenses and prove to be a more cost-effective solution.

    You have pursued various certifications, including a diploma in “US Corporate Law & Paralegal Studies.” How have these certifications enhanced your legal knowledge and skills in practice?

    These certifications I pursued, particularly the diploma in “US Corporate Law & Paralegal Studies,” have been immensely beneficial both in my current role and in my freelance endeavours. In my job, I frequently handle a diverse range of corporate agreements, many originating from foreign countries, necessitating a deep comprehension of international laws and procedures. This certification has served as a strong theoretical foundation that greatly supports and informs the practical work I undertake on a day-to-day basis.

    Pursuing a Diploma in Mergers & Acquisition is an interesting choice. How do you see this specialization shaping your future roles or contributions to your current position?

    Enrolling in a Diploma in Mergers & Acquisitions is a strategic investment in futuristic skills and opportunities. With India experiencing rapid growth, witnessing a surge in startups and companies undergoing transformations, there is a burgeoning demand for M&A and related expertise. I foresee this specialization playing a pivotal role in future roles or contributions, as M&A, being an extensive domain, already contributes, to some extent, to my current role, and I anticipate it will continue to be an asset as the complexities of M&A transactions become more prevalent in the professional landscape.

    Working at Prof. Vijayrao Kale & Associates, you dealt with a variety of litigation matters. Can you share an experience that significantly impacted your approach to legal advocacy?

    Sometimes, circumstances unexpectedly come to one’s aid. Learning directly from senior lawyers can be challenging, especially for first-generation lawyers like myself. In such situations, one must proactively seek opportunities and glean as much knowledge as possible despite facing repeated denials, frustration, and dissatisfaction.

    Fortunately, during my tenure at Prof. Vijayrao Kale & Associates, I encountered a wealth of diverse litigation cases at various stages. Despite the limited number of Advocates available to handle these cases, this situation placed a substantial burden and responsibility on me as a newcomer in the field. This pressure, however, became a catalyst for my intense learning process, and I embraced it wholeheartedly. Within a remarkably short span, I absorbed an extensive amount of knowledge and procedural insights. I acquired insights that an average lawyer might not gain even after five years in the field, all within a mere 1-2 years.

    While the pay scale was disappointing, the experience and knowledge gained were invaluable. This challenging environment became the breeding ground for exponential growth in my understanding and practical experience within the legal sphere.

    Considering your diverse experience in law, what general advice would you give to fresh graduates entering the legal profession today?

    Considering the diversity of experiences in law, my advice to fresh graduates venturing into the legal profession today revolves around the distinction between theoretical knowledge and its practical application. While understanding substantive law might seem more accessible, grasping procedural laws—often intricate and challenging to remember—poses a hurdle for beginners, especially first-generation lawyers.

    Newcomers commonly struggle in acclimating to law practice due to insufficient revision of procedural laws. In my view, it is crucial for budding legal professionals to focus on memorizing procedural laws—prioritizing the relevant and frequently used ones—right from the outset of their practice. This foundational understanding significantly eases the comprehension of court procedures and accelerates progress towards higher levels of learning within the field.

    Lastly, I would like to quote Roy Bennett for the first-generation lawyers,

     “Your hardest times often lead to the greatest moments of your life. Keep going. Tough situations build strong people in the end.”

    Get in touch with Sandip Patil-

  • “The tactics to use criminal law for  monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse  of criminal law for personal satisfaction”- Saurabh Kapoor, Advocate on Record at Supreme Court of India

    “The tactics to use criminal law for  monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse  of criminal law for personal satisfaction”- Saurabh Kapoor, Advocate on Record at Supreme Court of India

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share the pivotal moments that led you to pursue a career in law, from your  LL.B. at Maharaja Ganga Singh University to becoming an Advocate on Record at the  Supreme Court of India? 

    Honestly, I admit that I am an accidental Advocate. I had never thought to pursue  LL.B. and practice Law. Rather, I first visited Courts, on the day of joining in the  profession as an intern at District Courts, Ludhiana in February, 2012. I am basically a physiotherapist and even worked as respiratory physiotherapist at Dayanand Medical  College and Hospital, Ludhiana before starting my independent practice as  physiotherapist. My father was a bank officer and I also wanted to join Government  Service, so I tried my luck in UPSC and developed interest in the Constitution of India.  During my job as physiotherapist, I developed a habit of using the library in 2008. That was the turning point of my life. 

    But destiny wanted me to join the legal profession, as one of my friends during my UPSC  preparation advised me to pursue LL.B. It was November, 2009 and admissions were  closed as the examination was scheduled for March, 2010. My friend who was already  pursuing LL.B. from that University advised me to visit college. I got admission on  payment of late fees and penalty. My friend left LL.B. after second year but I continued and completed my degree. I started my career in the Chamber of Sh. Amandeep Singh  Grewal at District Courts, Ludhiana in 2012. Being from a medical background, I have  keen interest in reading, subscribed to quarterly law journals to keep myself updated since the beginning of my career and even opened a small office at Ludhiana. Sh. Davinder  Pal Singh, my dear friend and senior, gave me the opportunity to address the judicial  magistrate on preliminary summoning in 138 N.I. Complaint. He had also trusted my abilities and referred to a proclaimed quashing to me during earlier days at High Court.  In 2013, a retired bank officer visited my office to claim benefits as he was dismissed  by disciplinary authority in 2001 and reinstated by appellate authority in 2003 with  punishment for stoppage of increments for 5 years. The bank counted 5 years from 2003  instead of 2001. Being fresher, I was reluctant to take his case whereas the client not only  trusted my ability but motivated me to proceed with his Civil Writ Petition. I learnt High  court etiquettes on observing advocates while waiting for my turn at Punjab and  Haryana High Court, Chandigarh. The notice was issued and thus started my journey at  Punjab and Haryana High Court. Similarly, I was successful in getting the Proclaimed  Order quashed without even issuance of notice to the respondent by Punjab and Haryana  High Court. So, people started referring to my work. 

    I was appearing before DRT, Chandigarh and other forums as well because I never  wanted to specialize but to expand my wings. It was tough during initial years but I  never stopped and kept moving with the flow. Thereafter, in 2017, an advocate referred  me two Special Leave Petitions pertaining to bail in 420 IPC. I contacted Ms. Manju  Jately, AOR for filing and started appearing as arguing counsel before Supreme Court.  During lockdown, I planned for AOR examination as Court work was limited, so joined  Ms. Manju Jately as a trainee. I appeared in AOR examination in December, 2021 

    but could not make it in the first two papers because simultaneously I was pursuing LL.M. As such, I was determined to become AOR and succeeded in April, 2023. 

    You’re currently pursuing a Ph.D. at Rajiv Gandhi National University of Law,  Punjab. How do you balance your academic commitments with your active legal  practice, and what motivates you to continue your scholarly pursuits? 

    It is really difficult to pursue both things together but my friends and associates  helped me during mandatory Ph.D. coursework. The Ph.D. research has helped me to  refine my legal skills and knowledge. The research work does have an impact on my  professional career. As my supervisor has shared a time Schedule to complete various  stages of the research, therefore, I have become selective in accepting matters since  2022. I have a library in my office and I even use the Court Library during free time at courts to continue my research. I have also got a new teaching assignment and was invited by Punjab  Police Academy for training of Punjab Police Officers. I was felicitated by the Director,  Punjab Police Academy and this motivated me to pursue my research further. To curb  the pressure, I have already closed Facebook and other social media applications. I am  going to shift to keypad mobile to save myself from distraction and limit internet usage.  

    You’ve qualified in the Canadian Law examination. Could you elaborate on your  interest in international law and how it has influenced your practice in India? 

    I had planned to migrate and therefore, wanted to pursue a career in law after  migration. I applied for assessment before migration to Canada in 2015. But I did not  find Canada as a place to live for the rest of my life and returned back. To enhance my skills  and legal acumen, I appeared in examinations conducted by the National Committee on  Accreditation for law society of Canada. I have been influenced by many legal issues and have even included in my professional and academic life to name a few:- 

    The Canadian Supreme Court decision on disclosure influenced me to a great extent.  The Court in William W. Stinchcomb v. Her Majesty The Queen held that “The Crown  has a legal duty to disclose all relevant information to the defence. The fruits of the  investigation which are in its possession are not the property of the Crown for use in  securing a conviction but the property of the public to be used to ensure that justice is  done. The absolute withholding of information can only be justified on the basis of the existence of a legal privilege and privilege is reviewable”. 

    As I wanted to do something on disclosure by prosecution in India, so this is my research  topic in Ph.D. During interview for Ph.D., Prof. (Dr.) G.S. Bajpai, Vice Chancellor,  RGNUL (Punjab) appreciated my research interest in disclosure and advised me to  conduct pilot study. I have also got an article published on “Inconspicuous Duty of the  Prosecution to Disclosure” in Criminal Law Journal, March, 2022. My Supervisor, Dr.  Shiva Satish Sharda at RGNUL, Punjab has also motivated me to pursue comprehensive  research so as to work in directions for necessary amendments in legal regime looking 

    problems of overcrowding of prisons, increasing under-trials population and low  conviction rate in India.  

    I am also advising during training to the Police Officers at Punjab Police Academy to  respect the fundamental rights of accused and disclose the fruits of investigation to  avoid false prosecution. I have even impressed the trial court for disclosure of withheld  exculpatory evidence collected by the investigating agency in one or two criminal trials.  

    The Model Code of Professional Conduct is another area which helped me to learn  lawyer’s ethics and was useful in AOR examination. The Model code forbids the  lawyers to advise clients to initiate criminal and quasi criminal proceedings to secure  satisfaction of private grievances. But it is common in India to initiate criminal  proceedings to threaten or intimidate the opponents for personal matters like financial  disputes, property matters, family disputes including marriage and custody of children 

    and sometime even the consensual sexual relations are given the color of rape as  recently noticed by Madhya Pradesh High Court. The tactics to use criminal law for  monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse  of criminal law for personal satisfaction.  

    Your practice spans across various courts and tribunals, dealing with a wide range  of cases. How do you manage such a diverse portfolio of legal matters, from civil writs  to criminal appeals and everything in between? 

    My mentor has been dealing with both civil and criminal matters but he has  not been dealing in service matters. I got an understanding of service law as my father  retired as a bank officer and my first matter at High Court pertains to service matters of a  retired bank employee only. I am always keen to learn and spread my wings, therefore,  I shifted to Punjab and Haryana High Court, Chandigarh. Being the capital of two states,  there are various forums. As such, I never denied matters for forums like DRT, State  Consumer Commission, Human Rights Commission and NCLT. The initial foundation days gave me exposure to both civil and criminal branches of law before various forums. 

    I have been associated with the Department of Defence welfare (Punjab) since 2019 and  this has helped me to refine skills in civil writs and service matters including  departmental disciplinary proceedings. Even today, I take original civil and criminal  matters before all courts because I believe one should not stop learning and limit oneself to any stream of law. One needs to accept change and challenges of life with open arms  and mind. Litigation is a team work, I have always been assisted by friends, colleagues  and even my senior appears for me at District Courts whenever required because I could  not spare except Saturday for District Courts. Lastly, I am indebted to my associates  and clerks at Supreme Court, New Delhi, Punjab and Haryana High Court, Chandigarh and District Court, Ludhiana for timely filing, without whom, it is not possible to appear  at different courts.

    Your civil writ petition in 2019 regarding CCTV installations in polling booths  received media coverage. How do such cases with public interest components shape  your approach as a lawyer, and what impact do you aim to achieve beyond legal  resolutions? 

    There is a difference between Public and Publicity Interest Litigation as recently  highlighted by the Former Chief Justice of India. I never used PIL jurisdiction for publicity  and have not received any case even if any matter is reported in the media. I am very  particular about professional ethics. The civil writ petition pertaining to CCTV  installations in polling booths was pro bono and I mentioned the same in morning to get  it listed in afternoon. The Court found legal points in the matter and issued directions to  install CCTV cameras at Polling Booths with the objective of fair election looking at  apprehensions of the petitioner. An advocate being aware of the constitutional and  statutory rights of the people and citizens of India, must use its expertise for the welfare  of the society. I am impressed by Sh. Mahatma Gandhi, father of nation, the way he  used his legal expertise against oppressive law in South Africa and he is being  recognized globally for his welfare activities and Indian struggle for independence.  Similarly, one should not limit his legal expertise for dispute resolution but work for  social welfare and learn from seniors in the profession. 

    You’ve provided legal opinions for Indian Express Pvt. Ltd. Can you share an  instance where your legal advice played a crucial role in the resolution of a complex  legal matter? 

    I have been associated with Indian Express since 2017 and contested their civil  matters at District Courts, Ludhiana and Chandigarh and NCLT, Chandigarh. But, I  have been specifically engaged by Indian express in 2019, to carry out the thorough  legal search and submit a report on the status of the complainant partnership firm as directed  by the Supreme Court in a defamation complaint against Chairman, Indian Express pending  before Chief Judicial Magistrate, Ambala. On the basis of the report, the Supreme Court  quashed the criminal complaint and summoning order issued in 2000 against the Chairman,  Managing Director and Editorial Director of the Indian Express Group. 

    You’re actively involved in legal awareness programs and social welfare activities.  How do you believe legal professionals can contribute to the betterment of society  beyond their regular legal practice?  

    I feel it is the duty of every person to contribute to society. So, to repay the debt of what has been gained by me during the course of professional and personal  experience, I try to volunteer within my limits and even try to settle the family and  personal matters at the pre-litigation stage with honest advice. One can contribute by  organizing camps at villages and also by starting lecture series for different stakeholders. Our government needs good legal instructors with bare minimum expenses, therefore, one can apply as instructors/trainers at different training governmental and non governmental institutes or organizations. In the world of the internet, social media is a good  platform for necessary legal education. The legal awareness and education should not  focus on work procurement but with welfare objectives. Presently, the crime against  children is rising and therefore, I feel it is important to sensitize the people with sex  education, penalties in sexual crimes. People need to be aware of fundamental duties as well rights because duties are equally important as rights. The most important duty of every advocate is to educate the youth of the nation as most of them, due to physical  interaction indulge in activities forbidden by law and destroy their career and life. 

    Considering your extensive experience, what advice would you give to law  graduates who are just starting their careers in the legal field? 

    The first lesson, my senior taught me that never run for money but work hard,  the money will follow you. India is a developing nation, where people need affordable  and quality legal assistance. There is no dearth of work and the only precondition is hard  mental labor to update oneself with all facts and relevant legal issues. There is neither  any shortcut nor scope of smart work in the legal field. Last but not least, honest efforts by  lawyers, honest thorough presentation to court and honest updated advice to clients. Honesty, dedication and hard work automatically pay back. Failure does not determine success but the response to it. Therefore, always be ready to learn, unlearn and  relearn. 

    In the end, I am grateful to the SuperLawyer Team for this interview.

    Get in touch with Saurabh Kapoor-

  • “As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage”-Mohd Fuzail Khan, Advocate on Record at the Supreme Court of India

    “As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage”-Mohd Fuzail Khan, Advocate on Record at the Supreme Court of India

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Sir, can you share with our listeners how your journey into the field of law began? What inspired you to pursue a career in law, and how did your early experiences shape your decision to become an Advocate on Record?

    When I completed my law in the year 2023 I had decided to pursue my career as a lawyer so initially I started my practice from the Lucknow bench of the Allahabad high court in 2003 till 2006. After that in July 2005 I joined the chambers of senior Advocate late Shri R K Jain. To start your career in the field of law one has to have a good senior who acts as a mentor. Learning law is also similar to learning about life. If one has to practice in the Supreme Court, a lot of dedication is required.

    Having completed your B.A LL.B (Hons.) from Aligarh Muslim University, could you highlight any specific aspects of your education that you believe significantly contributed to your success as an advocate? What motivated you to enroll in the Bar Council of Uttar Pradesh?

    In order to practice law a student has to work on certain subjects such as IPC CPC CrPC, Evidence Act etc but most importantly one has to thoroughly read a newspaper. The law page is the most important. The availability of a large number of cases and overload on judiciary motivated me to enroll in the Bar Council. 

    You started your practice as an advocate in the High Court of Delhi and the Supreme Court of India. Can you share some memorable experiences from your early years, including the types of cases you handled and any significant challenges you faced?

    To practice in Delhi High Court and the Supreme Court one has to be punctual and secondly good command over English language. As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage. I have a lot of experience in civil cases because of the interest. The challenges include adapting with the new age technology and striving for perfection with each amendment.

    Your profile mentions handling matters in various domains, such as criminal, service, civil, and constitutional law. How did you navigate the diverse legal landscape, and were there specific cases or areas that you found particularly intriguing or challenging?

    It is never easy to choose a particular field. In my case, I was fortunate enough to gain experience in diverse types of laws and ultimately, I understood that all of them are equally important. As far as the challenges are concerned, civil law as well as criminal law pose a lot of challenges in college years. 

    You’ve worked with notable legal figures such as Late Mr. R.K. Jain and Mr. P.C. Hota, as well as with organizations like the Yash Birla Group and Karims Mughlai Foods. How did these collaborations influence your professional growth, and what lessons did you learn from working with such experienced individuals and entities?

    All of them have had a great impact on my overall development. Professional growth is a slow and steady process, and it would be wrong to give all the credit to just one organisation. We keep learning through the way. The only lesson that keeps me going is that nothing in life comes easy, irrespective of the field of law chosen.

    Your work experience includes associations with companies like Lemon Entertainment Ltd. and Shambhu Technology Services P. Ltd. Could you share insights into how your legal expertise was applied in the corporate context, and what unique challenges did you encounter in these roles?

    Corporate law offers a plethora of opportunities. When I started practicing, it was never a goal to become a corporate lawyer. Based on the opportunity, I learned a lot about Contracts and other aspects of corporate law. As such, there have been no unique challenges but deep learning all the while. I then apply the learning in upcoming cases to solve them in a more comprehensive manner. 

    You’ve appeared in various tribunals, including the Central Administrative Tribunal and National Green Tribunal. How does advocacy in these forums differ from traditional court settings, and what skills do you consider crucial for success in specialized tribunals?

    Contrary to popular opinion, the nature of work remains the same. It is just that the tribunals have a more streamlined process and the cases are disposed of quite expeditiously. Critical thinking skills will help in the long run, for people who wish to pursue a career on this path.

    Drawing from your experiences and achievements, what advice would you give to law graduates who are just starting their careers? Are there particular principles or strategies that you believe are essential for success in the legal profession?

    Everyone has their own fields of interest. My only advice would be to give your 200% in everything, even in petty cases. It will shape you as a lawyer and definitely make you a better thinker. There are no particular principles, since law is not just a subject but a way of life. All law graduates should try to imbibe everything they hear about the latest laws, for a successful career in any aspect. 

    Get in touch with Mohd Fuzail Khan-

  • “Remember the three “I” s which are essential for a fruitful career in litigation, namely Intelligence, Industry and most importantly, Integrity” – Witnessing Legal Transformation with Parvez Memon, Senior Partner at MZM Legal LLP

    “Remember the three “I” s which are essential for a fruitful career in litigation, namely Intelligence, Industry and most importantly, Integrity” – Witnessing Legal Transformation with Parvez Memon, Senior Partner at MZM Legal LLP

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you share with us your journey from college to becoming a Senior Partner at MZM Legal? What motivated you to pursue a career in law and specialize in white-collar crime solutions?

    At the very onset, I firmly believe that my odyssey from a naïve lad residing at Nasik, Maharashtra to donning the hat of a Senior Partner at a high-end full-service law firm cannot be left at the mercy of a sole question but I shall endeavor to provide a rather satisfactory answer to the best of my capabilities.  

    I took to law because I had the privilege of being in close quarters with Mr. Majeed Memon, a noted criminal lawyer, who requires no introduction. It is pertinent to mention that his court craft coupled with his zeal to be an instrument of change in the lives of his clients prompted my conscience to emulate his persona. I still harbor memories of his colloquies which inspired confidence in me to join the Bar and fight for the cause of justice. 

    I graduated from Pune University in the year 1999 and immediately joined the esteemed chambers of Mr. Memon with the intent to learn the ropes and acquire expertise of sorts in criminal litigation. Criminal Law has been a constant source of my excitement and the idea of taking on the mighty State, which is equipped with resources to the brim, has motivated me to put on my robes and march to the Court with the Constitution on my sleeves. I was fortunate enough to assist Mr. Memon in some of the most high-profile, “talk of the town” matters which helped me shape my personality, both personally and professionally. 

    As they say, change is the only constant, and the world of crimes has transformed with the introduction of white-collar offenses that demand a unique modus operandi along with a position of power. Our legislature responded by introducing de novo laws in anticipation of curbing the growing tendencies amongst government officials to indulge in bribery. A couple of years down the lane, criminal litigators had to embrace anti-money laundering laws as well. A peculiar facet of a white color offense is that it is not victim specific and the repercussions of such an offense can transcend geographical boundaries. The overall economy of the country takes a toll, and the Hon’ble Supreme Court of India has time and again equated financial crimes with terrorism. 

    MZM Legal is widely recognized for its expertise in white-collar crime solutions. How do you see the landscape of white-collar crime evolving, and what challenges and opportunities do you anticipate in the coming years?

    White Collor Crimes have evolved as an independent practice area that requires niche expertise and we take pride in being the very first flag bearer as far as the said practice area is concerned since 2005. As a White-Collar Crimes practitioner, one is expected to survey a host of documents, after having conducted detailed interviews with the client. For instance, in a mandate pertaining to corporate embezzlement, we conduct an array of interviews with the top management and the employees of the subject company, undertake forensic investigation, if required, with the object to establish the modus of the erring employee. After having done our homework, we prepare a complaint to be placed before the appropriate authority in anticipation of a thorough investigation. Further, we are also expected to subject matter experts, not only in criminal law, but also in corporate laws, securities law, etc. to advance a well-rounded strategy for our clients. A White Collor Crimes practitioner should have a commercial bent of mind and should also understand the nuances of running a business to decipher irregularities in the books of his clients. 

    With the advent of technology, we are on the cusp of venturing into the unknown, as White-Collar offences become more sophisticated and challenging to say the least. However, the Investigating Agencies are also expected to keep up with this change and adopt continual training methods to ensure that their officers are abreast of relevant developments. 

    MZM Legal has received numerous accolades and awards. What, in your opinion, sets MZM apart in the legal industry, and how has the firm maintained its reputation as a market leader?

    For starters, we are a young law firm (18 Years old) which is well endowed with the capability to adapt to the changing demands from the industry. We are always on the lookout for fresh talent that would bring in a new perspective on the table. We expect all our lawyers to contribute to the success of a mandate and your seniority at the firm is hardly of any relevance and is curtailed to our visiting cards. It should also be noted that under the dynamic leadership of our Founding and Managing Partner, Mr. Zulfiquar Memon, we have strong relationships with leading lawyers, Senior Counsels domestically and Solicitors and KCs internationally. 

    We believe in nurturing and promoting home-grown talent with the intent to bolster their growth and to ensure that they transform into market leaders of tomorrow. We encourage the philosophy of hitting first, hitting hard, hitting quick and hitting often to secure the interests of our clients. 

    In the realm of international exposure, what challenges do you find most intriguing when dealing with cross-border disputes, and how do you navigate the complexities involved?

    A cross-bounder dispute comes with its own set of unique challenges. We are expected to read up on the law of a foreign land, that might not even be a common law country to begin with. We are also expected to liaison with foreign attorneys, working on a different time zone, to expedite judicial processes. It should also be noted that what might work in India might not work in the subject country and that is where we engage local talent to assist in traversing uncharted territory.  We are also expected to be through with the law on extradition, FCPA, UK Bribery Act, MLAT, International Conventions and treaties between the countries. There is always a cross-referencing understanding between us and our international legal counterparts. Having said so, we are on their speed dial when they face any issues in India where we have exceeded their expectations in terms of delivery. 

    In your 24+ years of advocacy experience, what are some key changes or trends you’ve observed in the Indian legal system, particularly in the realms of white-collar crime and dispute resolution?

    Ans: As a hardcore defense attorney, I must mention that I have observed a stark departure from general tenants of criminal law when it comes to analyzing and scrutinizing the newer breed of legislation. For instance, the rigors of twin conditions under special legislations to secure bail have reduced the grant of bail to an exception. Investigating Agencies have garnered unbridled, unfettered, and unabated powers through legislative and judicial intervention wherein personal liberty of the accused goes for a toss. 

    We need to account for novel, innovative and shrewd methods being deployed at the behest of the accused to commit financial crimes. As Lawyers, we are expected to be best friends with technology, not only to understand such nefarious methods but also to explain the same to a Judge.  

    As far as dispute resolution is concerned, the growing demand and acceptance of Alternative Dispute Resolution is a welcome change which prevents docket explosion and is also a much faster and cost-effective means to settle disputes outside the Court. 

    As a senior partner, you’ve been involved in some of India’s most complex investigations. Could you highlight a particularly challenging case and share how you and your team navigated through it successfully?

    This question takes me back to my first day in Court. I had the privilege of wearing my band and my gown for the first time, on my first day at the Bar and under Mr. Memon’s instructions, I had to appear before the Court of Justice Rajana Desai at Hon’ble High Court of Bombay to pray for an adjournment on account of personal difficulty of my senior. 

    We had filed for bail for our client, who was accused of attempt to murder. Fortunately, I had read the file and the Hon’ble Judge insisted that I argue the matter. I would like to bring to the knowledge of all my young readers that those were the days where the goddess of technology was yet to bless us with smartphones, equipped with multiple messaging platforms which would have facilitated instant communication with my seniors. 

    I cliched my toes and initiated my arguments. After some time, Mr. Memon walked in but to my surprise, the Hon’ble Judge instructed Mr. Memon to permit me to finish my arguments. Here I was, who was not only arguing a matter when the instructions were to seek an adjournment but had the “audacity” to continue even when my senior was in attendance. To me, this was “double jeopardy”. 

    By God’s grace, the Hon’ble Judge was pleased to grant me bail and also commented that she would not have granted bail to my senior, had he argued the matter. To this day, the said memory functions as an instant confidence booster for me. 

    Outside of your professional life, what are your personal interests or hobbies that you find rejuvenating, especially considering the demanding nature of your work?

    Well, as a litigator, I am always on duty. The nature of assignments on my work table warrants a round the clock availability. However, I enjoy working out and tend to spend more time with my family. I also enjoy travelling international as and when my schedule permits. I have a knack for exploring new cultures and meeting new people.  

    Is there a particular aspect of your journey or a recent achievement that you’re especially proud of and would like to share with our readers?

    I started this journey with a meager salary of INR 5,000/- in a city like Bombay. By the grace of God, blessings of my parents and well-wishes of my seniors, today I cater to national and international clients and appear before various High Courts and the Supreme Court of India on a regular basis. 

    I had the privilege of appearing along with Mr. Memon for Mr. Anna Hazare’s PIL concerning Telgi Scam before the Hon’ble High Court of Bombay wherein the Hon’ble Court was pleased to order the arrest of the then Commissioner of Police, Bombay. We also appeared in the Namdeem Saifi’s extradition case where the Government of India was directed to pay One Million Pounds to our client towards Costs while refusing the request of his extradition. Do recall my answer to Q.1 where I talked of taking on the State for context. 

    As an expert in litigation and alternative dispute resolution, what advice would you give to aspiring legal professionals who aim to excel in these areas, considering the evolving landscape of the legal industry?

    Rome was not built in a day. Behind every overnight success there is twenty years of hard work. Also remember the three “I” s which are essential for a fruitful career in litigation, namely Intelligence, Industry and most importantly, Integrity.  

    Get in touch with Parvez Memon-

  • A luminary in the legal realm with a diverse portfolio, shares his transformative journey from litigating lawyer to acclaimed General Counsel – “A Riveting Conversation with Dr. Mukul Shastry, Renowned General Counsel and Executive Director of Cube Highways”

    A luminary in the legal realm with a diverse portfolio, shares his transformative journey from litigating lawyer to acclaimed General Counsel – “A Riveting Conversation with Dr. Mukul Shastry, Renowned General Counsel and Executive Director of Cube Highways”

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Dr. Shastry,  We are extremely delighted to have you with us for this interview.  Could you please introduce yourself for our readers and share the pivotal moments that led you to pursue a remarkable career in law, leading to your current role as the General Counsel and Executive Director at Cube Highways?

    At the outset let me thank Super Lawyer, it is absolutely my pleasure to be here with you. As regards my journey, I belong to a family of lawyers and judges. My father was a judge (District Judiciary), other uncles too judges and lawyers. Therefore, doing law was something in the blood. Post my studies I started as a litigating lawyer before Rajasthan High Court, Jaipur handling cases such as criminal bails, civil miscellaneous appeals, arbitration petitions, MACT appeals etc. As I was bright in academics, I completed my Masters (securing second rank across university) and also cleared UGC-Net in my first attempt. Hence, I was given a part time teaching assignment in Rajasthan University, Jaipur. 

    During that time Competition Act, 2002 was enacted which intrigued me as to why we need a law to regulate competition in the market and I enrolled myself in Ph.D. working on the hypothesis whether Anti-dumping duties would be relevant once Competition law comes to force. However, as there wasn’t much material in Jaipur at that time, my Ph.D. supervisor guided me to go to National Law University, Jodhpur. 

    At that time in NLU, Jodhpur, Prof. A.K. Kaul was the Vice-Chancellor who was an expert of Trade & Competition Law. He was kind enough not only to guide me but also to tell me what all materials I must read to understand the conundrum in other countries before I can start researching Indian markets. 

    Prof. Kaul goaded me that I must not sail in two boats. On one hand, I was practising law in Jaipur and on weekends was coming to Jodhpur to do my research. He insisted that I focus on one thing and I chose academics. At that time there was a vacancy in NLU, Jodhpur and I applied and cleared it. This is how my academic journey started. 

    After spending three and half years at NLU, Jodhpur and post completing my Ph.D. I wanted to work with a regulator. As during my research, I understood that the regulators’ perspective is the most important to execute the sector specific legislations. This was 2009 and at that time Competition Commission of India where I wanted to go did not have any vacancies, but RBI came out with Legal Officers vacancy. I applied and wrote the exam. I topped the All-India RBI Legal Officer – Grade-B, 2009 examination. 

    This is how my journey as a central banker started. In RBI I spent time giving legal advice to different departments such as Foreign Exchange Dept., Banking Supervision Dept. (DBS) etc. I spent around five and half years in RBI. After that I took a sabbatical and prepared for GMAT. I applied to IIM, Ahmedabad (India’s premier B-School) and got through. I did my MBA from IIMA (PGPx – One-year full time) and from there I was placed in RPG group, Mumbai.

    This is how my corporate journey started around a decade back. In the RPG group I used to handle the legal profile as well as the SPOC for a DBFOT project – Bikaner Sikar 440 KV line. I learnt the nuances of corporate life and applied my learnings from litigation, academics and regulator mixed with knowledge learnt at IIMA. 

    From RPG I went to Adani Group handling ports and logistics legal matters and then to Welspun Enterprises as Head Legal and now the General Counsel for Cube Highways.  

    Your journey includes a diverse range of roles from litigating lawyer to teaching criminal and competition law, and now as the General Counsel and Executive Director of Cube Highways. How has this varied experience shaped your perspective on legal practice, and what unique insights do you bring to your current role?

    An interesting question. The experience as a litigator turned academician turned central banker and then General Counsel has taught me different things. I understand how the court systems work and thus it helps in giving those advice from the perspectives of court practices. At times despite one’s case being strong on merits, it can have technical glitches and that can be disastrous. Therefore, I am extremely cautious as to how not to give those technical lose points whether it be laches, delay, non-response to a letter, conflict etc. 

    The academic knowledge helps me in doing in-depth research and those theoretical questions and acumen laced with practical prism helps in zooming in to minutiae details. The experience of a central banker helps in understanding how a bureaucrat will look into the decisions taken by a corporate. 

    Thus, the advice which I provide is holistic from litigator, academic, regulator and a GC’s perspective. This helps in much nuanced and sophisticated advice. 

    You’ve achieved a remarkable academic milestone with qualifications like LL.M, Ph.D. in Trade & Competition Law, MBA from IIM Ahmedabad, CS, and CAIIB. If you could go back to your early academic years, what advice would you give to yourself, considering the wealth of experience you’ve gained over the years?

    Well, if I sit in a time machine and go back, the advice I would give is that at times in pursuit of the different academic knowledge one loses focus on other good things in life. I now see my younger colleagues who are in college and along with being bright in academics are also focusing on hobbies such as sports, drama, singing, writing, playing some instrument etc. I still rue that I have not developed any such hobby that is necessary in shaping up your personality. 

    Thus if I could rewind, maybe I will pursue one or two courses less but would love to learn acting or singing or dancing or maybe play some sport like cricket, chess or badminton and  a much more engaging level. 

    Apart from your legal prowess, you have an extensive academic involvement, serving as Chairman, Industry Advisory Board at Amity and as a Ph.D. guide at two National Law Schools. What drives your passion for academic engagement?

    The youth attract me a lot. Whenever I am with young minds, I feel a kind of vibrance which otherwise is missing in the drudgery of corporate life. Whenever I interact with them their pointed questions, their free-wheeling attitude and the fireside chat intrigues me. The kind of questions they pose at times challenge me to re-think about my own knowledge and practices. That gives the biggest kick which even the astronomical salary and posh perks of corporates cannot give. 

    That’s why I make it a point to always find time to spend with young minds, to interact with them, share my life experience, learn from their perspective, and enjoy the vibrant energy all around. 

    Beyond the legal realm, you’ve been awarded Forbes Top General Counsel, BW Business World Top 100 GC, and Atal Achievement Award. How do you balance the demands of a high-profile legal career with such accolades and recognition, and what do these honors mean to you personally?

    Well, I have to thank Forbes, Legal 500, Business Worlds and Atal Award (Govt. of India) who have now started to recognize the General Counsels for the work they have done. It was not long back that General Counsels were not recognized, and many did not consider them lawyers. These recognitions have changed the perception in the past decade or so and I am extremely thankful to them. 

    Therefore, these recognitions mean a lot and more than me personally it helps the younger people to opt for in-house roles which have different challenges than faced by a litigating lawyer or a transactional lawyer in a law-firm.

    As regards balancing the demand, I must say that is the most difficult thing to do. But I make it a point that I allocate some time for these too as it is not only for personal satisfaction, but these inspire my younger colleagues to do great. Whenever, I have received any award it has inspired the people who know me that they must also strive harder to achieve such awards and to do good quality work. 

    Your commitment to contributing to positive change is evident. In what ways do you believe legal professionals can actively contribute to making a positive impact on society and the business environment?

    Nowadays legal professionals play a major role in any corporate. Their attitude, their approach to work, their work ethics play a critical role in shaping up the society they live in. Especially in a democracy, the stronger the legal fraternity, the stronger would be the democracy. To establish a rule of law and who better to ensure that than the lawyers and legal professionals themselves. 

    Whenever, a legal professional handles a matter whether it be of environmental violation, bad business practice, corrupt or fraudulent act, tortious conduct etc. if the same is handled with full devotion and keeping in the mind the fundamental principles enshrined in our constitution and legal jurisprudence, it not only impacts the society or business but the culture and legacy. 

    A wrong decision by the Supreme Court can shake up the investor confidence and wipe up the entire investment, which a developing country like ours requires. The government needs to be kept informed about the impact of the policy and bureaucracy approach and this primarily becomes the responsibility of legal professionals who along with handling litigation, transactional contracts are also responsible for regulatory interface. 

    Every successful journey faces challenges. Can you share a specific challenge or struggle you encountered during your career and how you overcame it?

    That is absolutely true. There can be no journey without its fair share of peaks and troughs. Well let me begin with sharing the biggest challenge. After spending a fair time in the government or regulatory sector when I joined the corporate sector the biggest problem was that now as a legal head, I was required to give solutions. Unlike the previous avatar of regulator or academician I was required to only put the legal position but now the task was to find the right and legitimate ways of getting the business done. 

    The senior management would require the solutions to the given business problem and that required not merely to state what the law is but to devise solutions, sometimes out of the box to achieve the business objectives. The most important thing to be kept in mind was that the solutions still had to be within the four corners of the legal and regulatory framework. 

    This required a sea-change in approach. I must say the learning at IIMA came absolutely handy. The syndi-approach of IIMA where the students were divided into a syni of 5 or 6 and they had to brainstorm and come out with solutions helped me in developing a wider horizon. Like in my IIMA days I had to interact with people who had worked in NASA or had come from a political background and that helped me understand differing perspectives. 

    This helped me in quickly adapting to the needs of the corporate sector and slowly and gradually I started delivering. Like Cube Highways which is a Private Equity run platform, and the issues that I faced here are different from that of an Indian promoter company, however due to the ability to understand different perspectives and angles, I more often than not am in position to solve them. 

    Away from the legal complexities and academic commitments, how do you unwind and recharge? Do you have any personal hobbies or activities that provide a break from the demands of your professional life?

    Well, my hobby is to read fiction, especially good science fiction or thriller murder mystery. I have read all types of top sci-fi novels starting from The Foundation, Dune, Leviathan Wakes etc. My current favourite is Marissa Mayers’ Renegade. 

    So, to unwind, I spend time reading these good prose while sitting at the comfort of my home. Sometimes, I switch off my phones and spend an entire weekend just lying down on the bed reading my favourite fiction novels. When I am not reading novels, I love to play gully cricket with my friends. 

    Your work involves connecting with industry stalwarts and senior counsels. Outside of professional networking, what’s one piece of advice you would give to young legal professionals who aspire to build meaningful connections in the legal and business world?

    Well for all my younger colleagues and legal professionals I have two pieces of advice. Firstly, as you yourself has stated, they must attend at least two or three conferences in a year and try to make as many connects as possible. Secondly, publish regularly and remain connected. I have always said that in legal field one has to publish or perish. Whether it is writing a simple piece on LinkedIn post or an editorial in news paper or in any magazine or on law blogs or anywhere, one must keep on publishing one’s thoughts. This helps in keeping you updated and build a network with like minded people. This also showcase your understanding of issues and at times these are seen by the senior general counsels and who’s who of the industry. That can help you land at your dream job.  

    Get in touch with Dr. Mukul Shastry-

  • “Evolution from Defender to Litigator and Leader”- The captain of the High Court Women’s Cricket team reflects on how discipline, hard work, and perseverance from her defense-inspired upbringing have become pillars of her successful legal career – Kirti Patwardhan, Managing Partner of Patwardhan Law Associates

    “Evolution from Defender to Litigator and Leader”- The captain of the High Court Women’s Cricket team reflects on how discipline, hard work, and perseverance from her defense-inspired upbringing have become pillars of her successful legal career – Kirti Patwardhan, Managing Partner of Patwardhan Law Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Your journey from clearing the Combined Defense Services exam to becoming a successful litigator is quite unique. How did your initial interest in defense services shape your approach to litigation, and what inspired you to take the path of law after your graduation?

    I have been brought up in a household where serving society has been engrained since childhood. I wanted to join the Indian army after graduating from school itself but that point in time, there were no entries, after 12th class, in defense forces for females therefore I decided to take up law with the thought that if I don’t get to wear the olive green, I will serve the nation by doing litigation. The interest basically is derived from the thought of serving the nation in whichever little way possible. I had seen my father do a lot of hard work and I had also seen the satisfaction he used to get from his work, which was another factor that inspired me.

    Discipline, hard work, integrity and perseverance are the things I have seen in all the soldiers and these things have shaped my initial years in the litigation. 

    Therefore, litigation is one such field where you get to the opportunity to giveback by doing Pro Bono work but good work for those who can’t afford legal fees. It is a very satisfying feeling which cannot be described in words.

    Being a graduate from Gujarat National Law University and having revamped your father’s chamber into a full-time litigation firm, what challenges did you face in transforming a longstanding setup, and how do you think it has contributed to the firm’s success today?

    I owe a lot to GNLU. I evolved as a person in those five years and found few of the most amazing friends from my law school. The learning, thinking on your feet, decision making is all that I developed in the course of those 5 years which comes handy in litigation. I was lucky to have had a background but even in 2012-2013, it was very hard for a lot of people to digest that a girl had joined hardcore litigation in Indore and was also calling spade a spade. The entire restructuring invited a lot of hostility but it was my father’s support and faith that kept me going. My office was established in 1946 by my great grandfather and to change the system in place was questioned by many but I thought one has to evolve with time and that restructuring has helped the firm in establishing its clientele, Pan India. With a good team, I am now able to diversify the work we do and we now specialize in Labour law but also undertake Arbitration, Criminal, Consumer, Commercial, and NCLT matters.

    In addition to your legal expertise, you are a certified trainer under the Prevention of Sexual Harassment at the workplace act. Could you share your experience in training students and professionals on their rights and duties under the POSH act, and why is this area of law important to you?

    I think today sexual harassment at workplace is the most rampant issue and it’s a subject close to heart. It’s such an enriching experience to interact with young minds who have so much going on in their head and are full of ideas and questions. I feel delighted that I get a chance to shape their impressionable minds with the right knowledge. If they are told about their rights and duties at an early stage then automatically, they will go as professionals with right knowledge, compassion and attitude towards others at the workplace.

    Training professionals is a different ball game altogether, they are all individuals with years of work experience and it takes more convincing to make them open their minds to take in this new field of law, which is of paramount importance for smooth functioning of any office.

    The issue pertaining to awareness under the POSH act is close to my heart because like the majority girls, I have also been victim to harassment in some way or the other and I think it is my duty to make everyone aware of the law that exists and educate everyone about their rights and duties.

    As the captain of the High Court Women’s Cricket team, how do you manage to find time for sports amidst a demanding legal career? And how has your experience in sports influenced your approach to leadership and teamwork?

    I have been into sports since school and I truly believe that playing sports helps build one’s personality. If you are truly passionate about something, you might sleep an hour less but take out time for the thing you are passionate about. Likewise, I take time out from my schedule to play a sport or take boxing classes or some physical activity because litigation is such a stressful job that you need some way to vent it all out and cycling and sports have worked for me.

    As you continue to make significant contributions in various domains, what future goals or milestones do you envision for yourself and your firm?

    There is a lot to achieve and as a lot of seniors from my field say, by putting in 10 years, you just started crawling in the field of litigation. I envision opening branch offices beginning from Jabalpur and Bhopal and then one in Delhi in next few years. I also want to establish my firm as one of the best Service law firms in the industry. Originating from Indore, it will not be easy but who likes easy.

    We’ve learned about your professional endeavors. Could you share a bit about your personal interests or hobbies that bring balance to your life outside the courtroom?

    I absolutely love travelling. Whenever I get a chance, I travel. I have changed the phrase work hard, party harder to work hard, travel harder. I think the best kind of experience and learning one gets is only through travel. I like doing artistic workshops on weekends, like pottery making, resin art, mandala art etc., so I spend my Sunday engaging in all such activities which are satisfying.

    Having a deep connection with Indore, can you share a hidden gem or favorite spot in the city that you would recommend to someone visiting for the first time?

    This is the only city I relate to and I think a place called Ralamandal is a hidden treasure we have. It’s a hill top on the bypass road where in you have to trek up to the top and you can go and meditate there. There is a small museum and platform which gives the necessary space for Yoga meditation and other such activities. Its breezy and you get a panoramic view of the entire city. It is breathtaking during monsoons and you get to see all shades of green, that the nature has to offer.

    Drawing from your experiences, what advice would you offer to aspiring lawyers and young professionals navigating the legal landscape, especially those aspiring to balance legal practice with diverse interests? I think it is important to balance legal practice with your interests because litigation can be very stressful and you need an outlet to channelize your energy. One advice which I really want to give is that hard work will never leave your side, come what may and perseverance is the key to success in litigation. Frustration is temporary and there are no short cuts in this field. Be faithful and sincere towards your client and integrity towards bar and bench is the roadmap to success, in my humble opinion.

    Get in touch with Kirti Patwardhan-

  • Legal Strategy is one of the most critical aspects in litigation.  A good legal strategy acts as the bedrock on which the entire case is constructed – Embark on an insightful journey with Shaurya Sahay, a seasoned Advocate-on-Record and Standing Counsel for the State of Uttar Pradesh.

    Legal Strategy is one of the most critical aspects in litigation. A good legal strategy acts as the bedrock on which the entire case is constructed – Embark on an insightful journey with Shaurya Sahay, a seasoned Advocate-on-Record and Standing Counsel for the State of Uttar Pradesh.

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Shaurya, your journey from being a law student to Advocate on Record and Standing Counsel for the State of Uttar Pradesh is quite remarkable. How do you recall your starting years as a legal professional? Please share your insights and struggles which you came across to reach here.

    Being a first generation lawyer, I knew little to nothing about the legal profession when I stepped into law school. My early internships exposed me to the hallowed corridors of the Supreme Court and that is when I was truly motivated and determined to someday have a practice of my own in the Supreme Court. My starting years as a legal professional included some of the cliched’ travails of having a low salary, extremely long working hours, and the existential dread of how I would ‘make it’ in the profession. 

    As luck would have it however, I was blessed with a wonderful mentor, Mr. Amit Kumar, Sr. Advocate who took me under his wings and it is under his tutelage that I gained invaluable experience as a practicing advocate. I never refused any assignment that came my way and I learnt to always be prepared in each matter, and be ready to grasp any opportunity.  On certain occasions when my requests for Passovers in matters were turned down, and I was requested to argue the matter by the Bench, I found myself prepared and equipped to handle the matter. This led to initial successes and brought with it much needed optimism and motivated me to keep going. In my view, the biggest struggle for a first generation lawyer in litigation is to remain motivated, however, I overcame this challenge by remaining disciplined and focused on improving my skills. Eventually, my skill sets improved, and with it came more work and a steady flow of income.  

    While hard work is often the answer to most of the challenges in the profession, it is also important to give the required importance to other facets of personal life such as physical and mental health. Having a close circle of friends in the early days of the profession helped me maintain a balance between the personal and the professional aspects of life and proved instrumental in helping me navigate the more challenging days of the profession.

    As the Standing Counsel for the State of Uttar Pradesh, you handle a wide range of litigations, from criminal disputes to matters related to Housing, Stamps, and Registration. What aspects of your role do you find most challenging and rewarding?

    Being the standing counsel for a State as large as Uttar Pradesh is a challenging but rewarding assignment. The biggest challenge being the sheer volume and diversity of cases one has to handle.  On most days, the assignment of Standing Counsel requires drafting multiple drafts, apart from having to argue several cases before different benches of the Supreme Court, therefore it is also important to keep abreast with the latest developments in the legal field.  Having to prepare for a heavy docket of matters, particularly on admission hearing days, i.e. Mondays and Fridays requires a strong support system. The importance of a good team of lawyers, clerks and office staff therefore cannot be overstated. In my personal opinion, one must try and identify a good team of colleagues, juniors and support staff as early as possible and invest in creating a team as early as possible. The diversity of cases to be handled also poses quite a challenge as the preparation of criminal cases requires a different approach when compared to civil cases. In particular, Land acquisition disputes are usually voluminous and therefore require rigorous preparation. 

    The most rewarding aspect of the assignment is the sheer exposure that it provides before the Supreme Court. As Standing Counsel, one gets to appear and argue before almost all courts of the Supreme Court, brief Senior Advocates, all of which helps gather invaluable experience.  The role of a Standing Counsel also provides an in-depth insight into the functioning of the Government. These are all extremely rewarding aspects of practice as Standing Counsel before the Hon’ble Supreme Court. To have the opportunity to handle such an assignment at a relatively young age is proving to be an extremely humbling experience.  

    As a Panel Counsel for the Government of Meghalaya, you were part of the team that successfully lifted the ban on coal mining. How do you approach high-profile cases, and what role does legal strategy play in influencing policy changes?

    Legal Strategy is one of the most critical aspects in litigation.  A good legal strategy acts as the bedrock on which the entire case is constructed, therefore considerable efforts must be spent in working out an effective strategy before proceeding with any case.  The issue concerning the ban on illegal coal mining in the State of Meghalaya is one of the most unique cases I have handled till date.  The issue pertained to the practice of indigenous mining techniques by the tribal residents of the State of Meghalaya which was deemed unsafe and environmentally harmful, resulting in the imposition of a complete ban by the Hon’ble National Green Tribunal in 2014. When the matter was earmarked to our team, before proceeding with the matter, we examined the historical aspects of the land tenure system in the State and its implications on the constitutional rights of the tribal residents of the State of Meghalaya. We were able to chalk out a legal strategy which indicated that the tribals are the absolute owner of the land and also the minerals extracted from the land, due to the constitutional status conferred to the State of Meghalaya as a 6th Schedule State, and also due to the land tenure system. Consequently, the Hon’ble Supreme Court upheld the contention that the both the land and minerals belong to the tribals, and therefore lifted the absolute ban on coal mining in the State, by permitting the mining to resume under the applicable legal regime of the Mines and Minerals (Development and Regulation) Act, 1957. The said judgment is a watershed moment, particularly for the State of Meghalaya, as nowhere else in the country has the Supreme Court recognised the right of the landowner over the minerals that may be found in his land. I personally do not distinguish between ‘high profile’ cases and other cases in terms of my approach to the matter. Surely, the pressure in ‘high profile’ cases is higher as the stakes involved for the clients are usually higher. However, I try to approach the matter like any other matter since I believe that as professionals, lawyers must remain objective in their assessment of a case.  

    Beyond the courtroom, you contribute to legal academia and write columns for popular legal websites. What motivates you to engage in these activities, and how do they complement your personal & professional life?

    My motivation for engaging in academic activities comes from my family background. My mother has been an educator for over 30 years and therefore I have always had a keen interest in academia. I still make time to write regular articles on various issues that I come across during my practice as I find that writing articles only solidifies the understanding of a particular area of law. Writing articles encourages discussion and debate on contemporary topics of law and I find that sharing of views is the best way to contribute to the development of the law.  

    Your academic achievements include winning Best Memorial in the Oxford Media Law Moot Court Competition. How has participating in moot court competitions shaped your advocacy skills, and what advice would you give to law students interested in mooting?

    Mooting was one of the most engaging activities during law school. It cultivated several habits which I till date implement in my professional life. Mooting required extreme discipline and dedication as it required one to gain subject matter knowledge on the topic involved to effectively deal with the issues raised in the moot proposition. This often involved our team staying up several nights reading up on new areas of law and refining our understanding of these areas. So far as helping shape advocacy skills is concerned, mooting trains one to develop arguments. It requires you to put your best argument first and find simple ways of explaining relatively complicated concepts. These aspects of mooting are very helpful in shaping advocacy skills. In my view, mooting, debating and other such activities are also a good way to gain confidence in public speaking which is an important skill required by any lawyer. 

    Coming to the personal side, what makes you happy personally other than Law? What keeps you motivated and inspired? 

    Music is a great source of solace and happiness for me. In particular, I enjoy collecting vinyl records and old cassettes.  

    Looking ahead, Are there any specific aspirations or goals you’re aiming to achieve in the coming years?

    If I were asked the same question a few years ago, I may have answered with a specific career goal in mind, but over the years if experience has taught me anything, it is that being happy, healthy and enjoying each day as it comes is the most important facet. I hope to focus on finding a good work life balance going forward.  

    Reflecting on your journey, what advice would you offer to law students and young legal professionals aiming to build a successful career in litigation, especially in the evolving legal landscape of India?

    One must have a voracious appetite for reading as it is the only way to stay abreast of the ever evolving legal landscape. A career in litigation is more of a marathon than a sprint. Pace yourself. While there is absolutely no substitute to hard work, but it’s important to find balance between the personal and professional.

    Get in touch with Shaurya Sahay-

  • “Championing Justice: A Trailblazer in Supreme Court Advocacy” From a Medical Background to the Apex Court: Unraveling the Remarkable Journey of a Pioneering Criminal Law Advocacy”- Advocate on Record Divya Jyoti Singh

    “Championing Justice: A Trailblazer in Supreme Court Advocacy” From a Medical Background to the Apex Court: Unraveling the Remarkable Journey of a Pioneering Criminal Law Advocacy”- Advocate on Record Divya Jyoti Singh

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share your journey of becoming an Advocate on Record and your motivation to specialize in Criminal Law, as evidenced by your LL.M. in Criminal Law from the Indian Law Institute?

    I am a first generation lawyer, nobody even in my distant family belongs to or is associated with a legal background. After pursuing my B.A.LL. B (5 years integrated course), I wanted to pursue LL.M. to add to my resume; as I come from a medical background and always had an inclination towards higher studies. After clearing a few entrance exams for LL.M., I opted for Indian Law Institute.  There were two branches available for masters one being IPR and the other Criminal Law. As I always had a thing in me for litigation, I chose the latter. I was lucky enough also to have the finest professors teaching us.

    Advocate on record also was something which emerged from the fact that I am a first generation lawyer, as with no assistance or guidance I felt that clearing the AOR exam will help me in establishing myself in the Hon’ble Supreme Court, as the Hon’ble Supreme Court recognizes only two sets of advocates: i). Senior Advocates and II) Advocate on Record; as per the Supreme Court Rules. 

    You’ve written a dissertation on “Pardoning Power of The President Article 72 Of The Constitution Of India.” What led you to choose this topic, and what were some key findings from your research?

    The topic for my dissertation again culminates from the fact that I have keen interest in the sphere of criminal law. It was intriguing to know the development from the death penalty being given very commonly to the rarest of rare cases and thereafter the effect of the Mercy Petitions as we call the power of the president under Article 72 of the constitution of India. Research included the recommendations of the Law Commission Report and study of the death penalty across the globe.

    In addition to your specialization in Criminal Law, you’ve also written research papers on “Juvenile Justice” and “International Law in reference to Right to Food.” How do these areas of study tie into your legal career and advocacy work?

    The best part to pursue masters from the Indian Law Institute was that we had to submit various papers during our course and this apparently helped me to have better research skills which eventually helped me and till date helps me by inculcating the habit of researching some case laws on a daily basis; it also helped me to develop patience to read lengthy judgments and keep myself updated with the latest developments in legal field.

    Your professional experience includes working with Designated Senior Advocate. Could you tell us about your responsibilities and experiences during this period and how they contributed to your legal career?

    During the brief stint of period I was associated with the senior, I was assigned duty to research and prepare statements of cases. I was also given free hand to deal matters before the Registrar Court in the Hon’ble Supreme court. The exposure that I witnessed was essential for me to understand the knitty-gritty of the profession; also it helped me to understand the court craft. I also got an opportunity to listen and observe some of the finest advocates which helped me a lot to learn by observing the Art of advocacy; skill of argument, to learn the importance of body language, etc. and how one should conduct themselves during an argument.

    You’ve represented the Government of India and the State of NCT of Delhi before the Supreme Court. Can you share some memorable cases or experiences from your time as a ‘Panel B’ advocate for the Union of India?

    Being a panel counsel gives one immense exposure, as we get a chance to represent different States, Central Government and various PSU’s. The maximum litigation that occurs in supreme court is wherein the government is a contesting party and thus the government has huge stakes and so do we as we represent the government.

    You’ve filed Public Interest Litigations and intervention applications in the Supreme Court, leading to legislative changes, such as the incorporation of provisions in the Consumer Protection Act. Can you discuss the impact of these legal actions on consumer rights and advocacy?

    The PIL filed by me pertaining the consumer awareness was particularly at the time when there were infiltrations from the Chinese side at the border and as an aware citizen of the country i felt the necessity of the awareness of the consumer before purchasing anything by way of e-commerce as the decision of the consumer should be an informed decision. The data of this year again shows that there is a humongous loss to the Chinese government as the Indians had chosen the local products over the other products.

    You’ve taught various law subjects as a visiting faculty. How has your teaching experience influenced your approach to legal practice and advocacy?

    In our field everything is connected and as the proverb exists Knowledge is the power so would i say that while teaching i used to extensively study and prepare for the classes; this helped me as well to have a grasp upon the subjects. I would like to add here that law is a field where no amount of reading, be it related to legal field or otherwise, goes unused or un utilized. One may never know that when one gets to deal with a particular matter about which you must have read way back; but as there would be little knowledge about the same, that will give confidence to study more about it and take up the case.

    As an accomplished legal professional, what advice would you like to offer to fresh graduates who are embarking on their legal careers or considering a specialization in law?

    To all the aspirants who are keen to take up litigation, my advice would be that do not shy from hard work, develop a habit of reading, this will take you a long way. Develop discipline and patience. The field of litigation is not for the impatient. But I can surely say one thing from my own experience: having Patience and perseverance is of utmost importance in the litigation field. One should also try to have as I call them 3 D’s- Determination, Discipline and Devotion to not only sustain in this profession but these 3-D’s will help one to achieve great heights. 

    Get in touch with Divya Jyoti Singh —