Super Lawyer

Tag: Government of India

  • “There will be challenges in the core litigation initially especially for the first generation lawyers but ultimately by investing the initial most  productive time you are building your permanent asset as an independent  practitioner.” – Shantanu Jugtawat, Advocate at Supreme Court of India and Senior Public Prosecutor at National Investigation Agency, GOI.

    “There will be challenges in the core litigation initially especially for the first generation lawyers but ultimately by investing the initial most  productive time you are building your permanent asset as an independent  practitioner.” – Shantanu Jugtawat, Advocate at Supreme Court of India and Senior Public Prosecutor at National Investigation Agency, GOI.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What initially inspired you to choose law as your career path? Was there  a particular moment or individual that influenced your decision, and how did  your journey begin at National Law Institute University, Bhopal?  

    I was a student of Science-Mathematics, so initially I wanted to  become an engineer. In my 11th standard I came across an edition of India Today which talked about Country’s top advocates. I was deeply impressed by their  prowess and authority, most importantly their contribution to the political and  legal development of the Nation. It created a subtle effect in my subconscious  mind and gradually I started inclining towards the legal profession. 

    After which I cleared the entrance test of National Law Institute University,  Bhopal and joined NLIU. At NLIU I have been exposed to different approaches to  legal interpretation for example case based approach to see how the law  has evolved over a period of time. It helped me immensely in my future litigation  especially in constitutional and Service matter cases. 

    The initial exposure which I received at NLIU was commendable, for example the  lectures delivered by the Supreme Court and High Court Judges and designated  Senior lawyers. I am quite grateful to the support which I could gather from my  Seniors at law school, for example my Senior Mr. Faizee got me an internship at  the chambers of Additional Solicitor General of India, Late Mr. Amrendra Sharan  in 2007 and eventually, I joined his chamber only. Moreover through the Clerkship programmes by NLIU at Jabalpur High Court I could observe the  minute intricacies of core litigation arguments. 

    When I joined NLIU, I was not clear about my priorities. But then the lectures of  the leading Supreme Court advocates and the Judges created fascination towards the core litigation. But I made sure to have enough exposure to the  corporate side , which was probably the dominant idea in NLIU at that time so I  did internships in almost all the top law firms in corporate areas. Gradually I became convinced to the core that my inherent interest lies in the Core litigation  as in Constitutional and Service matters. Being a first generation advocate, had  no guidance in the legal field, had to create my own path.

    You were associated with the cases like Bar Council of India Vs A.K. Balaji  and Kantaru Rajevaru Vs Indian Young Lawyers’ Association and other landmark  judgments by the Supreme Court. How do such cases shape new legal  dimensions, and what key insights did you gain from working on them? 

    Bar Council of India v. AK Balaji underscores the importance of  regulating the entry and practice of foreign lawyers in India. The judgment  reaffirms the restrictions imposed by the Advocates Act, 1961, on foreign  lawyers practicing law in the country. By upholding these regulations, the court  aims to preserve the ethical standards and integrity of the legal profession in  India while allowing for limited engagement of foreign lawyers in specific legal  activities such as providing legal advice on foreign law and participating in  international arbitration proceedings. This decision strikes a balance between  promoting legal exchange and collaboration while safeguarding the interests of  Indian advocates and maintaining the sanctity of the legal system. 

    Whereas in Sabrimala Case (Indian young lawyers Association versus Union of  India), the Supreme Court upheld the concept of constitutional morality, where  the judiciary interprets the Constitution in a manner that upholds its core values  and principles and went on to clarify that in case of Conflict between  Constitutional morality and Social morality, the objective standards of  Constitutional morality will prevail.  

    While working on these case I have realized that these Landmark cases often  have a profound impact on society, influencing public policy and societal norms,  for example Sabrimala decision allowed the female’s entry into the temple with  in age group of 10-50, hence redefined the standards of social morality in  accordance with Constitutional morality. 

    These cases provided me with deep insights into judicial reasoning and the  interpretative methods used by judges. In fact these cases provided me with  insights which not only enhanced my legal acumen but also contributed to a  broader understanding of mine as to how the law interacts with society and  evolves over time.

    Tell us about your legal journey and mentorship at the Supreme Court of  India. How did that experience shape your foundational years, and how have  those early lessons influenced your practice today? Could you please walk us  through your journey?  

    After my graduation from NLIU I joined a law firm for a brief period but  soon lost interest in law firm culture. I also appeared for Delhi Judicial Services  2010, where I secured 34th rank.  

    Then I joined the chambers of Late Mr. Amrendra Sharan Ji , Additional Solicitor  General at Supreme Court of India, at that time. It helped me a lot in terms of  exposure, especially on the Govt side. As A juniors at his chamber I assisted him  in drafting legal opinions for different government departments, assisted in  arguments before the Supreme Court and drafted replies on behalf of the  government. I have briefed him on many occasions. Later on when I became the  Standing Counsel for the State Govt of Rajasthan, this experience helped me a  lot. He passed away on 12th August 2019. He was a person of eminence, mentor  and guide to many including myself. He will be remembered for his lucid  arguments and his pleasant demeanor at the Court and outside the Court. He  may not be with me physically today but his teachings will always be there. His  gentle demeanor, his smile, and caring disposition will always be missed. 

    My second innings of advocacy started with Senior advocate Mr. Mahabir Singh  Ji at the Supreme Court. A plainspoken man of substance and humility. I was  always amazed at his diversified legal acumen. I have briefed him in my  independent matters also. The biggest learning from briefing him is, to hear  briefs patiently and carefully. Even though he himself is an authority on legal  subject matters, still he would always take briefings very patiently and  accommodate the viewpoints of juniors. The teachings learned at his office  helped immensely in my future practice at the Supreme Court of India.  

    After that I started my own independent practice with Mr. Mukesh Kumar singh, who is now the executive member of SCBA. Together we worked upon many  landmark reportable judgements pronounced by the Supreme Court like Richal  versus Rajasthan Public Service Commission, Employees provident fund  organisation versus Sunil Kumar, Kantaru Rajeevaru versus Indian Young  Lawyers Association ( Sabrimala case), Satyama Dubey Versus Union of India (  Hathras Rape case ), Saurav Yadav versus State of Uttar Pradesh, related to  Vertical and Horizontal reservations in public services etc. to name a few. An  overwhelming sense of pride surges within me as I witness Mr. Mukesh Kumar Singh growing in practice and stature in the legal profession as recently for the third time  he has been elected as Executive Member of Supreme Court Bar Association. I owe him greatly in terms of establishing my private practice at the Supreme Court  of India. Till date we both work as a team.  

    With your extensive experience in handling tax, constitutional, and service matters, could you share your key roles as Standing Counsel for state and national bodies and highlight some important legal opinions you’ve provided? Also, could you explain some settled principles of service law jurisprudence?

    By the grace of Goddess Sh. Karni Ji, I got enough opportunity to defend  the state as well as various Corporations and other national bodies. 

    I have been appointed as Standing Counsel for the Department of Finance  (Commercial Taxes). In that capacity I defended cases for the Department of  Finance, Govt of Rajasthan. In such Writ petitions, Sales Tax Revisions dealing  with GST, VAT, I got them dismissed at the very outset, on preliminary grounds  like not exhausting the alternative reliefs available. 

    Also appointed as Standing Counsel at National Consumer Dispute Redressal  Commission at Delhi for Govt of Rajasthan, National Company Law Tribunal and  NCLAT Delhi for Govt of Rajasthan, Standing Counsel for Department of Stamp  and Registration for Govt Of Rajasthan, Standing Counsel for Rajasthan State  Ganganagar Sugar Mill, Rajasthan State Beverage Corporation Limited.  

    While defending the Corporations I have learned the intricacies of Service  Matter Jurisprudence. In such matters successfully defended the corporations  from being compelled to regularize the services by persons working for a  placement agency. I ensured that we get a categorical order from the Court in  such Service matters directing the petitioners to provide an affidavit proving the  existence of employer – employee relationship between them and the  corporation. This again reinforces the settled legal position that regularization cannot be sought without a clear master- servant relationship. 

    I have drafted the legal opinions as a Standing Counsel for the finance department,  Rajasthan Govt in the matters of Commercial Tax Officer versus M/S Larsen  Toubro Ltd., Apollo Pipes Pvt. Limited Vs Tonk Water Supply Limited, Kishna Grit Udhyog Vs State of Rajasthan and Ors. Drafting legal opinions involves high  responsibilities as depending upon your opinion, the state will adopt a future Course of action. Hence the legal opinion should always provide clear and concise  conclusions and it must answer the legal question posed at the beginning while discussing all the relevant statutes, case laws and legal principles which apply to  the issue. 

    Recently you have been appointed as Senior Public Prosecutor for the National Investigation Agency by the Ministry of Home Affairs, Union Government,  this role will be entirely different from core litigation in Constitutional or Service  matters, so in that capacity what will be your role and challenges? 

    My appointment as a special public prosecutor for the National  Investigation Agency (NIA) involves handling cases related to national security  and terrorism. The NIA is India’s primary counter-terrorism law enforcement  agency, and it investigates and prosecutes offenses affecting the sovereignty,  security, and integrity of India. 

    In this capacity, I would be responsible for presenting the NIA’s cases in court,  ensuring that the prosecution is robust and that justice is served. This includes  preparing legal documents, presenting evidence, and arguing cases in court. This  work often involves high-profile and sensitive cases that require a deep  understanding of both national and international law. 

    In the initial years of my practice I always ensured that I gave myself enough  exposure at the Session Courts, especially Criminal side. I have argued criminal  cases on behalf of the accused especially in POCSO and Session trials. I have also  succeeded in keeping a high acquittal rate for my clients in that capacity. But this  time as Public Prosecutor at NIA my role will be from the State side and I would play my level best to prosecute the accused, ensuring that justice is served and the accused gets conviction beyond any reasonable doubt. 

    How do you manage the workload and pressure from these diverse roles and what strategies do you use to maintain a balance between your professional  and personal life?  

    Definitely many a time the litigation becomes hectic and stressful due  to high Stakes involved and demanding nature of the profession. With the  increase in workload I have deployed a team of junior lawyers and started  allocating them specific work. Since I have to maintain my private practice at the Supreme Court so I made myself available at Supreme Court in the matters  which required my direct involvement. At the same time I started delegating work  at the High Court to my juniors, they helped me a lot. I am thankful to  Sudeep Lakhotia, who helped me immensely in Commercial Tax Litigation  matters at Jaipur High Court. I trusted my team and delegated tasks that don’t  require my direct involvement.  

    In fact the post COVID phase brought tremendous changes to the core litigation. Now a lawyer sitting at any remote place can attend the litigation at the  Supreme Court quite easily. All thanks to COVID and advancements in  technology. It has enabled me to manage multiple cases very easily simultaneously, sitting at one place and giving time equally to diverse legal forums.  

    As an experienced lawyer, do you actively mentor young advocates or law students? What is your approach to mentoring, and what values do you aim  to instill in the next generation of legal professionals?  

    In fact I am an advocate by profession and teacher by passion. I am  always very keen on taking lectures over Constitutional Law of India and its  evolution over a period of time. Many of my students of Constitutional law and  Indian Polity have successfully cleared Civil Services and Judicial Services Examinations. I take immense pride in their Success. I have been associated with  Government initiatives for providing free education to the students of Civil  Services. 

    In fact, for the last 15 years of my practice and teaching students, I am learning  from my students. Students are the most effective teachers of their teachers. I  owe a lot to them for keeping me younger and updated. Every batch  of students brings refreshing vibes and intellectually stimulating energies.

    I always ensured that my students first develop an interest into the discipline,  knowledge and its application will be the by-products automatically. It’s the  interest into the discipline which will ensure the application part and will  subsequently help them, cracking the questions. Students have always  appreciated my teaching methodologies, especially when they have cracked the  judicial or civil services and went into the field. They could successfully connect  the theory with practice. Without knowing the practical application, theories are  meaningless. While teaching the students I always emphasized the importance of integrity, honesty and ethical behavior in all professional activities. 

    For fresh law graduates aspiring to pursue a career in litigation, what  would your advice be—should they start at the district courts or aim for the High  Court or Supreme Court early on in their careers. Especially what is your advice  for law students from law schools where the dominant idea is always in favor  of joining corporate law firms? 

    It is always advisable to start practice at the District and lower courts  where one will learn basic advocacy, nuances of conducting a trial and client  handling which eventually help him in the long run in the career as an advocate. In fact for a brief period I was also associated initially with the Session Court  where I argued in the POCSO cases and Session trials. After that one can move  to the High Court or Supreme Court. 

    My suggestion to current NLIU students will be to break their comfort Zone which is being provided by corporate law firms in the initial years after their graduation. There will be challenges in the core litigation initially especially for the first generation lawyers but ultimately by investing the initial most  productive time you are building your permanent asset as an independent  practitioner. In most of the law firms after a certain point the growth becomes  stagnated.  

    In this context it’s also important to identify your inherent interest in the field, I  mean it’s highly a subjective question. I personally felt that at NLIU there was  always a dominant trend in favor of corporate law firms, even I was perplexed  many a time but then ultimately it’s your inherent inclination which is bound to  supersede every other consideration. Don’t give too much importance to the  monetary considerations initially because these years are the most productive years  in which you can construct a business for yourself.

    Having been part of many landmark judgments, can you throw some light over your pro bono work in terms of teaching law students or at litigation where such work not only impacted the society but also changed your personal  perspective of profession?  

    I have been part of pro bono work at both the levels as in litigation as  well as teaching law students especially the Constitutional Law of India. 

    At the level of litigation my first Pro Bono case pertained to an employee of  Hindustan Salt limited and Samber Salt Limited, ( A Government enterprise ) for  revising the payment scale and releasing the arrears and other emoluments.  

    At the level of teaching I have taken many lectures on Constitutional law of India on a pro bono basis, many of such students have also been successful in Judicial Services as well as Civil services. Nothing can be more satisfactory than  enabling the students to understand the intricacies of the complex legal  principles. Engaging in pro bono teaching helps law students develop practical skills that are essential for their future careers. They gain exposure to real-world  legal issues and learn how to apply theoretical knowledge in practical settings. 

    Pro bono teaching allows students to explore different areas of law and develop  competencies they might not encounter in the classroom. This experience can  be invaluable in shaping their career paths.

    Get in touch with SHANTANU JUGTAWAT-

  • “The prosecutor’s job is not always to secure convictions of the accused at all costs, but to place before the courts all such evidence to enable them to decide the cases appropriately in the interest of justice and equity.” – Bharat Toodi, Company Prosecutor at Ministry of Corporate Affairs.

    “The prosecutor’s job is not always to secure convictions of the accused at all costs, but to place before the courts all such evidence to enable them to decide the cases appropriately in the interest of justice and equity.” – Bharat Toodi, Company Prosecutor at Ministry of Corporate Affairs.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your legal journey began after completing your education at NALSAR University of Law. What motivated you to pursue law, and how did you get started in your career after graduation? 

    It was in the year 2003 when I completed my 12th class schooling. Thereafter, my orientation towards preparation for the civil services exam made me pursue Bachelor of Arts (B.A.) in a college at Hyderabad. It was during such time, where my inclination for pursuing Law degree course from the recognised National Law Schools in India made me to prepare for writing competitive entrance exams for each of the National Law Schools in India which enabled me to secure a Rank in Nalsar University of Law, Hyderabad in the year 2004 after discontinuing the graduation in Arts course. So, my basic motivation to pursue law was for one reason, to have a demanding and captivating career by having a graduation degree in law thinking it can also be useful for practicing law as a career and for the second reason that at the same time it can be used for preparation of Civil Services Examination through UPSC by taking Law as one of the optional subjects. 

    It was in the year 2009, I graduated with B.A., LL. B(Hons.) from Nalsar University of Law, Hyderabad and got enrolled as an Advocate in the year 2009 in the Bar Council for the State of Andhra Pradesh (Now State of Telangana). I had joined as an Associate in a law firm at Hyderabad in the litigation team. During that stage, my keen interest towards corporate litigation practice developed and my drafting abilities for preparation of various memos, petitions and counter affidavits for writ petitions were learnt including the observation of court proceedings in different judicial forums and arbitrations. 

    You have worked on a wide range of cases under the Companies Act and received commendations for achieving convictions. Can you share a memorable case that had a significant impact on your professional growth? 

    There are around three to four specific cases which were dealt by me under the Companies Act in which I have successfully achieved convictions with imprisonment, and they were claimed to be one of the rarest of rare cases as well under the Companies Act. One such interesting prosecution was related to a case filed under Section 628 of the Companies Act, 1956 where the Managing Director and a Director of a Company were impleaded as the accused on the basis that they were the signatories to the Balance Sheets which were uploaded online to the jurisdictional Registrar of Companies (ROC), and that case was proved by concluding that the Balance Sheets filed by the Company were false statements / false documents under Section 628 of the Companies Act, 1956, in which the Hon’ble Special Judge for Economic Offences Court at Hyderabad has sentenced the said accused with imprisonment and with fine.

    As someone who handles corporate frauds and violations, what have been the most challenging aspects of prosecuting such cases, and what insights have you gained that you think every legal professional should be aware of? 

     When the Going Gets Tough, the Tough gets Going. Every prosecution is in itself a very challenging task, as the prosecutors never know on which point a defence counsel can challenge the whole case for it to be proved as a false case initiated and achieve acquittal of the accused. Sometimes, though the case has been properly conducted by the prosecutors, the end results don’t seem to have achieved the required result which disappoints us. However, it is stated that winning a case or losing a case should not be the priority but rather such results should enrich our knowledge thereby leading to improve our work experience in future times. Nevertheless, the prosecutor’s job is not always to secure the convictions of the accused at all costs but to place before the courts all such evidence to enable the courts to decide the cases appropriately in the interest of justice and equity. To be honest, a prosecutor’s job is tiring / stressful and is never appreciated. It is under these circumstances, when appreciation letters from the Government of India Ministry of Corporate Affairs were issued to me with the kind cooperation and supporting roles from the higher authorities of the office of ROC and the Regional Director, made me relieved with such stress and made me to be more responsible, diligent and furthermore to work hard. On the other hand, I would also like to state that there are various persons in my life since the time that I have joined the law course who have made me a complete person of what I am today. So, my gratitude towards such persons whether from family or friends or relatives is always heartfully indebted. 

    One of the challenging aspects of prosecuting cases where corporate frauds and violations are observed is about making ourselves equipped with the knowledge of latest precedents and apply the same to be fitted into the facts of each case. As the Companies Act is an evolving law day by day and is being amended with a view to strengthen corporate governance with the ‘ease of doing business’ for making the companies to be incorporated, the prosecution gets tougher to prove a case because non-compliance under the provisions of the Companies Act is not about always having elements like ill motive / malafide intention to defraud the public at large which includes public interest (non-compoundable offences) but rather it is also about technical in nature for the companies to comply certain mandatory compliances within stipulated time periods given under the law (compoundable and adjudicable offences). 

    What really matters is not only about how the prosecution is dealt with and conducted by a prosecutor or by an advocate being the defence counsels to defend their clients but to know the art of court craft / tactics to enlighten the Hon’ble Courts with the new set of precedents and on the new interpretations of law set by various judicial forums and to know for their applications in the times of need. It is important to enlighten the Hon’ble Courts with the exact interpretation of laws and the provisions available to enable the Courts to arrive at a just decision of a case. This skill also includes to immediately refer to the relied citations or draw the Court’s attention to the relevant document(s) on the point of alleged issues, so as to be clarified to the Hon’ble Courts when sought for. 

    Could you share some of the most significant challenges and learning experiences you’ve encountered as a Company Prosecutor in the Central Government service, and how these experiences have shaped your approach to corporate litigation and prosecution under the Companies Act? 

    I am a first-generation lawyer nor was there any first-hand experience at the time when I was recruited as a Company Prosecutor through the UPSC, to deal with prosecutions under the Companies Act. Therefore, each case dealt by me in the initial days was with a fear that I had in my mind that I should not commit any errors or mistakes while conducting trial proceedings like marking of each document as exhibits which also included the task to produce additional documents as exhibits to be marked wherever required, or by re-calling the prosecution witnesses / defence witnesses whenever required, etc. That thought of mind made me study the cases with attentive mind with the importance of the prosecution documents relied during trial and put forth in my final arguments before the Hon’ble Courts that the prosecution case on hand is a fit case to be prosecuted for making the accused punished in accordance with law beyond all reasonable doubt. My significant challenge or the learning experiences was when I needed to prepare for cross examination of the defence after Section 313 Examination of the Accused was completed. The questions that I prepare and pose during the cross examination of the defence emphasized on the allegations of the prosecution relevant to the facts of the case i.e. ‘the art of cross examination’ and at the same time to make the defence to admit the suggestions being put forth while referring to the exhibited documents, which made / makes my job easy during hearing of final arguments. 

    Therefore, my outlook towards corporate litigation is all about mandatory compliance of the Companies with the laws within stipulated time periods. On other hand, the Prosecutor should make sure that the prosecution is launched within the limitation period in order to realize that the accused or the defence side does not have an extra edge to get an acquittal / discharge based on the very technical issue of the prosecution complaint being barred by limitation. In other words, it means Vigilantibus Non Dormientibus Jura Subveniunt – “The law assists only those who are vigilant, and not those who sleep over their rights.” So, wherever I felt there was a necessity to file an application for delay condonation for filing the prosecution complaint before the Hon’ble Court of law, I made sure that the prosecution complaint was calculated with the exact number of days being delayed in filing the same before the Hon’ble Court and with a prayer being made before the Hon’ble Court on the grounds elicited in the petition so as to condone the delay in the interest of justice and equity. Merely an application for filing of Condonation of Delay is filed on behalf of the Prosecution, it does not mean the Hon’ble Courts will always accept the said Application. Therefore, it was one of the challenges that I specifically faced to apprise the Hon’ble Court that the delay being sought to be condoned on various grounds as requested does not make the defence / accused to be prejudiced and pray that it is also a matter of fact that public interest is involved so that the Company and its Directors are prosecuted rightfully in the interests of justice. 

    You have published legal articles and won accolades for your writing. How important do you believe legal research and writing are for a successful legal career, and what role have they played in your journey? 

    During my law school days, we used to have project works for each subject in each of the semesters. It was during those days, my interest for writing legal articles developed with my initial research work in projects. As law students we need to also undertake internships during semester breaks in various academic / government institutes, organizations, advocate offices, law firms, etc. When I started writing legal articles it was all about making my resume look better to draw the attention upon my resume on such skills I possessed with interest. For example, one of my project works in Law and Poverty course had made me to publish an article about the child labour issues which was related to an internship in an NGO that I underwent during 1st year law student. Later the said project work was further improvised with the concepts studied in Law and Poverty course and thereafter it was published in one of the leading journals of the Indian Institute of Public Administration (IIPA), New Delhi. I won the first prize in the best-case study competitions conducted by IIPA, which was an article written based upon the practical exposure that I had undergone during my internship and as well as by application of concepts that I learnt in the Law and Poverty Course. This was one such instance, where I can say my drafting skills and legal research were improved. As learning is a continuous process, I am still striving to continue with improving my skills wherever possible. In today’s scenario, writing and drafting skills are also helpful in all my court crafts while preparing for the written arguments to be submitted before the Hon’ble Courts. 

    Definitely, legal research and writing skills makes one life easier in terms of litigation practice when the advocates issue legal notices, file their petitions / applications / affidavits etc., before the Hon’ble Court of Laws by praying for the causes for which such applications are filed and seek for Orders. So as to reiterate once again, one has to keep themselves updated with the overall developments and legal precedents which can be useful for their cases in future. So writing skills or legal drafting skills helps once self to critically evaluate the issues in hand of a case and makes us think about concluding the issue with the application of provisions of law at the right stage and right point of time including providing the actual suggestions to improve the current situations in hand. Such skills can make one think about pursuing other professional plans in their career as well. 

    Your career journey has taken you from private law firms to a significant government role. How has this transition shaped your understanding of law and governance, and what advice would you offer to lawyers considering public service? 

    As stated earlier, my career plans were altogether different for the purposes of choosing law as a course subject during my graduation. So, my destiny made me pursue law which enabled me to join the Central Government Services as a Prosecutor under the Companies Act, though my action plan for the career was different. To be honest, it was only after joining as a Prosecutor that I can say that I fulfilled my dreams of getting into a Government Service though it was in a different field. By having stated the same, when my career with a private law firm was started, I was not confident enough in the litigation practice. It was only when the role of prosecutor’s job was undertaken before the Designated Special Court under the Companies Act, I feel I have improved my understanding of law, its true interpretation with its application to the facts of each case and then my argument skills were developed to impress upon the Hon’ble Courts for the desired results. Therefore, according to me, one can do their best when their performance of the task is done with whole heartedness and with passion towards it seeking for the end results as anticipated. 

    What has worked for me may not work for everyone pursuing law so that they may end up in Government Services. However, I can surely advise the younger lawyers to keep their options open when deciding about their future plans for litigation practice, that being in Government Services (whether State of Central) by conducting prosecutions as a Prosecutor can also fulfil their dreams of having a litigation practice from the Government’s perspective. This type of trail court practice enables one to understand the Government’s policies, Governance and application of law from the Government’s view. Therefore, one may also consider entering into public services, if interested, as one of their litigation practice plans by becoming Public Prosecutors / into Judicial Services etc. 

    As a mentor to upcoming lawyers and legal professionals, what advice would you give to those who aspire to specialize in corporate prosecution and arbitration? What are the key skills they should focus on developing? 

    Qualities like Focus, Priorities, Dedication and Determination (FPDD) are essential for the upcoming lawyers to be developed within themselves. One must firstly choose a field in which he/she is interested to pursue in their career. Based on such a chosen option, one must give priority to that chosen field to get the best results out of it by way of keen practice and acquiring knowledge on the chosen subjects. That can be possible by focusing on such priorities, without any unnecessary deviations in the mind set. Finally, it is only with utmost dedication and determination that those priorities focusing on end results can successfully be achievable. 

    Corporate Laws are one of the law subjects which have been evolving rapidly and amendments to various laws are being taken place by the Government of India with an intention of making Companies / LLPs to be incorporated ‘with an ease of doing business’. All the upcoming lawyers or legal professionals must keep themselves informed with such latest amendments by regularly updating themselves through legal references like law journals, newspaper articles etc. One must also have the practical exposure to appear before different judicial forums especially before the trial courts, as trial courts are the first and foremost important forums where the applicability of basic knowledge of laws studied during the study of law courses at graduation level are applied practically. For these purposes, all law students should try to participate in the moot court competitions that are being carried out as a part of their curriculum during their law course. This will enable them to articulate their ideas into expressions without any hesitation or vanish their stage fear and at the same time they inculcate the habit of learning about how to acknowledge the crux of the issues involved in a case by implementation of law provisions into the case on hand. Therefore, one should not only be involved in just study of law subject as a course in itself but must also jump into the practical field work for getting the true essence of being a lawyer by practicing law, right from doing internships during their law study etc. For such work experiences, one must need a source of inspiration from their friends or family or any senior professionals / colleagues who can be their guide throughout their career, which in turn can help them to get the in-depth work experiences as may be required. 

    As someone deeply involved in corporate prosecutions, what emerging trends in corporate law do you foresee, and how do you think legal professionals should prepare to address these new challenges? 

    Corporate Social Responsibility included as a part of Corporate Governance is one of the emerging trends in Corporate Laws. Further, important topics like acceptance of deposits by the Public, Corporate Frauds including related party transactions, oppression and mis-management, mergers and amalgamations under the Companies Act, Dissolutions and Voluntary Liquidations under IBC provisions are few important topics among others to mention a few, for which every legal professional interested to pursue litigation in corporate laws must be thorough with. One must comprehend that they advise their clients based on their own legal due diligence on what makes their corporate decisions to be good for their companies rather than doing an act which only appears to be good on paper but not in accordance with the true spirit of law. Further, I also advise that any legal opinions / advice to their clients must always ensure that their clients respond to the Notices issued from any Government body / agency for alleged non-compliance of laws, if any, by way of a reply to be issued within a stipulated period mentioned in the said Notices. The clients should be also advised that they should not ‘refuse’ nor ‘un-claim’ those Notices addressed to them from the regulatory / administrative bodies. By doing so, they will not welcome any unnecessary litigation that may crop up by side-lining the real concerns related to the companies concerns. Therefore, it is not only the requirement for the companies to be vigilant in compliance with the laws in a time frame but also the legal professionals to be watchful enough to oversee their client’s requirements with correct advice to be given at the right time to avoid any unforeseen legal complications. The duty of the lawyer is to make sure that their client’s grievances are addressed before the appropriate courts of law timely who are seeking for justice, whenever the proposed cause of action will arise or ought to have arisen.

    With such a demanding career, what do you do in your free time to unwind and maintain a healthy work-life balance? 

    I travel with family, I like to paint and draw, I spend time with friends and watch movies during free time. I also like to focus on my physical and mental well-being / appearance by way of maintaining a fit body with exercises and walking / running.

    Get in touch with Bharat Toodi-

  • “Pro bono cases are like repaying the unseen debt from society. It’s our obligation to give back.” – Prabhu Prasanna Behera, Central Government Counsel & Founder at Office of Prabhu Prasanna Behra and Associates

    “Pro bono cases are like repaying the unseen debt from society. It’s our obligation to give back.” – Prabhu Prasanna Behera, Central Government Counsel & Founder at Office of Prabhu Prasanna Behra and Associates

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

    As a first-generation lawyer, what motivated you to choose law as your career path? Were there any particular mentors or figures who played a significant role in guiding and supporting you on your journey to success?  

    When I was in School, particularly in Std. VI, we were taught about three pillars of Democracy. Thus from there I had an idea that when someone has the Law degree, then only he can touch all the three pillars like, Executive, Judiciary and Legislative. 

    Secondly I had an opportunity to interact with Hon’ble Justice Rangnath Mishra, The Former Chief Justice of India and Member of Rajya-Sabha. He  had visited our School namely Sri. Aurobindo School of New Thought, at Cuttack as the Chief Guest. That time he was the Member of Rajya Sabha. I had the honour of receiving the Best Student of the School award from him and hence could share a few minutes with him in the office of the Principal. Seeing his profile I felt that I would definitely study Law.

    Then when I completed my +2 Science, I joined 5-years B.A. LL.B (H) Course in Madhusudan Law College (Now Madhusudan Law University) as I used to read about said Institution in News Paper. Of course I was / am also impacted with the Life of the Great Hero of Odisha Late Madhu Sudan Das, popularly known as Utkal Gaurav Madhu barrister. 

    To answer the second part of the question,  I humbly believe that I am yet to achieve Success. It is because, I think Success is the journey and not the destination. Every day I feel that a lot to be done and people who we idolise also have the same hour of work maximum up to 24 hours a day but they are doing so much. So I always wonder about learning and I humbly think that continuous learning is the only option we have. 

    It is also a fact that many seniors and teachers have contributed to my professional career to have been shaped. I am always obliged for their contribution. 

    Considering your extensive experience and successful practice in various courts, did you ever contemplate joining a law firm, or was independent practice always your preferred path? If so, what factors influenced your decision to pursue an independent practice from the outset of your career?  

    Honestly I have never thought of joining a Law Firm or for that matter having my practice in such a design. There is no specific reason as such. 

    Maybe in the state of Odisha there is no such environment or such style of practice. We may not find many Law Firms in Odisha. 

    If I think a little more I would like to state that, I had the humble opportunity to have been engaged by a few Law Firms in some cases in Odisha. Then I had developed a good rapport with the firms so probably could not think of joining a firm for my practice. 

    To the second part of the question, My Senior Mr. Aswini Kumar Mishra was always stating that the day you join the bar, you should always feel like an independent practitioner and develop yourself like that. That gives you a sense of responsibility and you become more and more responsible. Thus I have always been inclined towards Independent Practice. 

    My idea of Independent Practice is not just having an Independent Office, Independent practice starts from the point when start doing a case or dealing with a client independently winning his confidence till the end of the litigation. That can also be done when you are working with a senior.

    You have authored and published a law book and are working on several other compilations. What drives you to write, and how do you think your publications contribute to the legal field?  

    I humbly believe that the Law Students, Lawyers and each one of us are like a ship in the ocean of  Legal profession. In order to reach the destination or the port, the ship requires a strong radar. The more effective the radar, it will be easier to reach at the destination.

    Therefore writing articles, research papers, books, compilations are like a radar for the individual professional or student. You stand out and make a different identity for yourself in the fraternity. 

    Secondly it is also helpful for legal research and helping people learn the Law. 

    For example many judges are known and remembered for their books may not be for the judgements. Many exceptional lawyers who are stalwarts in Law are remembered for their erudite books not just for the arguments advanced in the courtRoom. 

    Lastly, writing and researching keeps growing and we never feel complacent.  

    More than eight of your juniors are now in independent practice. What do you think are the key qualities or skills that you have imparted to them that have contributed to their success?  

    स तु दीर्घकालनैरन्तर्यसत्कारासेवितो   दृढभूमि :

    sa tu dīrgha kāla nairantarya satkārā ‘‘sevito dṛḍhabhūmiḥ

    This is the famous sutra from Paranjalai Yoga Sutra which defines “PRACTICE”. 

    It says 

    “ sa tu dīrgha kāla” Which means For a Longer Period

     “Nairantarya” which means Without any break/interruption 

    “satkārā ‘‘sevito” which means With Honour and Respect.

    Further Honour and respect means – Giving 100% in what you do at a given point of time. 

    That is Practice. 

    What we all try to do is to continuously be in the learning process, without any break and with honour and respect. 

    On the other hand I always tell my associates that People come to Lawyers and Doctors when they are in trouble.

    So we need to be careful and empathetic towards their problems. For some persons, Magistrate’s Court or The District Courts are the last hope. They do not know the High Court or Supreme Court. They cannot afford to reach also.(Although we have Legal Aid)

    So we need to be extra cautious in our professional work and try to be honest and deliver the service .

    Lastly My associates are trained with a particular line which is “We will not say what sounds good, we will tell what is Good and more particularly what is good for the Client and his case”. 

    This helps us in winning the confidence of clients. They remain with us for all time to come. 

    One more thing we always try to do is SWOT analysis. i.e. Strength, Weakness, Opportunities  and Threats. (I believe there is no Threats.It can be replaced with “Challenges”). 

    You conduct “Pro Bono” cases. Can you discuss the importance of pro bono work in the legal profession and share any memorable experiences from your pro bono cases?  

    Pro bono cases are like repaying the unseen debt that we have received from the society. When we were studying Law or any other course in school or colleges, the amount of financials/money involved and spent by the institutions are much higher than that of the fees we paid to the said institution. Therefore the extra amount which the institution has spent for us is taken from the society. Hence when we start earning from the formal education received from that educational institution it becomes our obligation to put our efforts to repay the debt that we have received from the society by doing some good work. And pro bono cases can be one of these small steps towards the repayment of unseen debt.

    On the other hand receiving remuneration from the cases is like “LAXMI”. When people receive money by false promise and illegal manner that is like “AA-LAXMI”. When professional help the needy people honestly and receive blessings as may be little amount that is like “MAHA-LAXMI”

    LAXMI- Comes and Goes, it’s the Most Dynamic.

    AA-LAXMI- Come in abundance and definitely will go making everything Empty or will Attract negativity. 

    MAHA-LAXMI- may come slowly but will always remain with you and it  will grow not just in terms of Money and objects but also in terms of good will as well as blessings. 

    Reflecting on your legal career, what have been some of the biggest challenges you’ve faced, and how have you overcome them? Additionally, could you share your future goals and aspirations for your legal practice and your contributions to the legal community?  

    The biggest challenge has been the resources such as the library and recognition in the bar as a good lawyer. When you argue well then automatically people assume that you must be the second generation lawyer and the son/daughter of some senior advocate or judge. Secondly, when you compare your counterparts, your friends from school and colleges who are working in other sectors and also in law forms, the remuneration that they receive is much higher than what you get in litigation. In a middle class family that too when you have nobody in the profession there is a constant pressure for joining services like judiciary, law clerk or teaching. Of course teaching was my second preference and I have been teaching till date also. But primarily I would say there has been no such big challenge but the challenges are the opportunities to learn to make yourself a better person and a better professional. 

    As far as overcoming the challenges are concerned the only thing which I strongly believe that helps is continuous learning, dedicated work, ignoring the negative thoughts and ideas as well as negative factors of course by recognising it properly.

    It is said “Jag Mein jiye to kaise jiye… jaise JAL Mein Kamal ka phool khile”

    It means like a Lotus that blooms in water, but its roots are in mud. When you take it out, it is unaffected by the water or by the mud.

    Thus I strongly feel that we should not be affected by the difficult times and negativity. Rather we should be focusing on the work.

    We’ve heard that your office warmly welcomes students for learning opportunities. Could you tell us more about your internship program? How can students connect with you for internships, and what specific skills or qualities do you look for when considering interns for opportunities in your office?  

    As I said in the above question, internship programs are like fixing your ladder and finding out the place where you can think of a career in your future. Students should be open in learning from various organisations not just the legal aspect but also the functional and organizational structure of the institutions where they are Interning.

    I remember when I was in law College, at that time we noticed that there were neither internships programmes nor any organization used to allow law students to join as an intern in their organization.

    I along with one of my friends had to work hard and by requesting the then chairperson of Human Rights Commission, Women Commission, and other organizations like NABARD, companies like NALCO, we introduced internships program in their work schedule.

    Now we see that the students are highly benefited with such internships programs in those organizations. 

    In so far as working as an intern in our office is concerned the only criteria that we look for is the interest of the student. If somebody is interested and has an honest urge to learn, we would love to make him or her a part of our office.

    One thing I always tell that once somebody is interning with us, we make sure that he or she becomes a part of our family and we would always stand for the student and the student should feel that he himself  is a part of the team so that he would never feel that he has nobody to guide or no scope to learn or he has just worked for a month or two only for a certificate.  

    Managing a diverse legal practice, teaching, and engaging in spiritual activities must be demanding. How do you maintain a balance between your professional and personal life?  

    As I have mentioned above that everyone has 24 hours, accordingly we need to schedule and balance our work. Legal practice is the profession, teaching is the passion and spiritual activity is a way of life which does not require a specific time; rather it is an inherent, unseen as well as coexisting factor which remains always with you in whatever and whichever position you are. I believe everyone is connected to spirituality somewhere or the other. Therefore for spiritual practice no specific time is required or you need not think that it is going to take a lot of time from the day to day activities.

    You’ve mentioned your interest in researching Indian Knowledge Systems. Could you share with us how you integrate insights from Indian Knowledge Systems into your legal practice, and how does this unique perspective enhance your approach to legal issues?  

    I have participated in a course conducted by Sri Sri University, Cuttack, designed by Prof. Dr. Richa Chopra, working in IIT Kharagpur, namely “Human Development and Psychology Vedic and Modern Perspective”. The said course is like a bouquet of knowledge and helps in introspecting and knowing the impact and impressions on human life of various factors such as art, science, music, astrology, mathematics, chemistry, ayurveda, embryology, social life, family life etc. The course helps in knowing “why I am the way I am”. From there I could gather that there is a lot to be learnt beyond the parameters of the syllabus.

    Further reading of various texts and more particularly after introduction of National Education Policy, I believe that every subject which we study in the institution as a part of the syllabus is connected to the Indian knowledge system and has its source from the Indian knowledge system. 

    If we study that and try to connect with the same, then it might not be so helpful in academics but it will definitely enlarge the ideas thoughts as well as define the views on that particular subject.

    Directly a professional may not get some tangible benefits from the study of the Indian knowledge system but I believe that in a long run it would be definitely beneficial. 

    Get in touch with Prabhu Prasanna Behera-

  • In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    What motivated you to make a career in law? How would you describe your professional journey up until now?

    I would say that studying law was a natural choice for me, and I find nothing that is more interesting, captivating and easier for me than law. Having studied law for the last 8-9 years of my life, I can confidently say that choosing law as my career has been the best decision of my life to date and I have never found laws to be complicated as such but just pure common sense.

    If you believe in what you are doing, then you will find your work to be interesting; as it has been rightly said by Steve Jobs that ‘…Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking….’

    As far as my professional journey is concerned, I would say that I had to work very hard to understand the nitty-gritty of the laws, court procedures, principles of legal drafting, the art of advocacy, the jurisdiction of courts/tribunals etc. One has to work hard initially to understand the laws but it gets easier with time once you know the basics. 

    You have excelled in your academics throughout your career and also were a rank holder in your LLB and Graduation. What would you say were the factors that helped you excel in academics, especially while pursuing law?

    I had more than 90% attendance in each semester of my college and rarely used to miss classes. I used to pay attention to whatever the professor was teaching and make notes. I never left anything to the last moment, a practice that I follow even today, and I used to study for all the exams well before the exam date. On the day before the exams, I only used to revise and think about how I could somehow improve my answers.

    I focused more on writing as many cases as I could and on correctly writing the provisions of the laws; all this was only possible because I revised multiple times before the exams. I was confident that I had learnt it and focused on keywords while reading anything new. I used to read many different books and xerox the relevant parts to prepare my answers.

    As this required a lot of effort and time, therefore I used to begin my preparation around one month before the first-semester exam and increased my hours of studying as the exams approached. Also, starting early gave me the advantage of clarifying my doubts to the concerned professor and I never left anything to luck; I always gave the exams by reading almost the entire syllabus, so that even if the question paper was difficult, I could answer them.

    I always focused on writing the answers supported by case laws, sections and notes of that teacher and never missed answering any of the questions in my exams during my college days; I used to allocate a specific time frame for answering each question and then used to move on to the next question on completion of the allotted time frame.

    Out of the wide spectrum of internships you did in college (Shardul Amarchand Mangaldas, NCRB, Ministry of law and Justice, Kochhar and Co etc), which one of them was the most enriching experience? What should be the three things one should keep in mind while choosing an Internship?

    My internships at the Chamber of Adv. Murari Tiwari Sir and Chamber of Adv. Rajesh Yadav Sir was the most enriching for me. 

    Murari Tiwari Sir and Tripurari Tiwari Sir are both very polite, helpful and friendly, and they used to make sure that all the interns in their office learned something new each day; I was given case files which I had to read, and after that, Sir used to ask me as to what I understood from the case and after that guide me as to the facts of the case and laws applicable thereof. Despite Murari Tiwari Sir and Tripurari Tiwari Sir being very busy with their work, they always kept some time aside each day for their interns. 

    My internship at the Chamber of Adv. Rajesh Yadav Sir was also very enriching. I learned a lot under his able guidance, and Sir used to teach me about the intricacies of court procedures. I was given some case files to read, which I later used to discuss with him. Sir had an excellent command over the facts of the case, and he used to tell me about the arguments of both sides in that case. During this internship, I visited the Hon’ble Delhi High Court for the very first time. Sir had extensive knowledge of the facts and the laws pleased in the case so much so that even without opening the file, he could remember all the details of the case and even the page number where it was mentioned! 

    On the aspect of what one should keep in mind while choosing an internship is concerned, I would say that it would depend on the career objective of that person. If one has not decided which area they want to join, one may intern at different places to get an idea. Also, I feel that if one has figured out what one wants to join after completing their LL. B then a long-term internship at a single place is more beneficial than multiple short internships at different locations, provided one enjoys their time and is learning at that internship.

    You hold expertise in various areas of practice like Civil Law, Criminal Law, Arbitration, Insolvency Law, Recovery matters etc. How would you describe your journey in the field of litigation so far? Please tell us – the good, bad and the ugly.

    Litigation requires one to read a lot and spend a lot of the time thinking as to what could be the possible arguments in the case and anticipate the arguments that the opposite party might advance and how to tackle them. 

    The good part in litigation is the encouragement and appreciation you get from the judges, seeing your name as a counsel in judgements/order sheets, and the fact that what one might argue may become the law of the land if agreed by the judge.

    The bad part would be the long hours one has to spend each day reading; there are so many documents that one has to read. Then after figuring out what the question of law is involved in the case, one has to read multiple judgments on that specific provision of law to find which cases laws support your case and which decisions are against your case and then think as to how to distinguish these decisions.

    I would say the ugly part is that travelling from one court to another to the office daily can be extremely tiring.

    You have 17 publications in various reputed journals. You also presented a paper on defamation at the Freedom of Speech and Expression Regional Conference organized by the Law Commission of India in 2016. Do ‘ideas pick you’ or do you have an extensive process of picking topics which you want to write about. Please take us through the whole process from finding an idea to publishing it in a reputed journal. How challenging is it?

    Legal writing is my hobby, and I find it a way to express myself on legal issues that have evoked my curiosity. Generally, I write on contemporary legal issues and those issues which would not lose their relevance over time, such as prison reforms and electoral reforms. I had written legal articles on these two topics some 4-5 years ago, and even today, they remain a contemporary topic for discussion.

    Before writing an article, it is first necessary to convince yourself as to why you want to write an article on that legal issue. For that, I used to read a little background about the same to ensure that it is indeed a good topic to write on. If I am sure that it is a good topic then I will read about it in detail. Usually, I choose those topics that are being discussed in the media/news so that the chances of their publication would also increase. I always substantiate whatever I would write through primary and secondary sources such as law commission reports, parliamentary committee reports, judges’ interviews, judgements on those points, legislations etc as it has been rightly said by Edwards Deming that ‘Without data, you’re just another person with an opinion’.

    If one wants the article to be published in a reputed journal. In that case, the article must be well researched and something that is not only a bit different from the existing literature but also, more importantly, it should make the reader ponder and think if what the author intends to say is unique, has credence and is indeed thought-provoking!

    At this young age, you have achieved so much, what do you think is in store for you in the future? How are you planning to use your skills and knowledge accumulated till now?

    I still have a long way to go and plenty of things that I want to achieve in my life. I always believe that life would be meaningless if we don’t achieve difficult things. To achieve anything worthwhile, hard work and planning are necessary. Achievements often come at the cost of sacrifices which do pinch a lot; therefore, one should allocate his/her time accordingly and focus on things that are more important to them and in line with their professional aims. I will focus my future on achieving my ambitions and plan accordingly.

    You were posted as a Young Professional (Legal) in the Ministry of Consumer Affairs, Food and Public Distribution, Government of India. Please share your experience in the job. How can one scale such an achievement?

    I had a brief stint at the Central Consumer Protection Authority (CCPA), which is currently a part of the Ministry of Consumer Affairs, GOI. I enjoyed my time over there and cherish those moments. I am extremely grateful to Ms Nidhi Khare Ma’am (Chief Commissioner, CCPA), Mr Anupam Mishra Sir (Commissioner, CCPA), Rout Sir and Jayashree Narayanan Ma’am for giving me this opportunity to work at the CCPA. 

    CCPA is a newly established regulatory body under section 10 of the Consumer Protection Act, 2019 (CPA) and has been established to protect the rights of consumers. Regulatory bodies are different from courts/tribunals and are equally important institutions in the administration of justice. I wanted to work there so as to learn about regulatory bodies and to get exposure to how the work culture of the government is different from that of the private sector.

    Finally, a word of advice for the lawyers and law graduates who are passionate about litigation & arbitration?

    I don’t think that right now I am at that stage in my life where I can advise lawyers or law graduates. I still have a long way to go. However, those who intend to join the field of litigation & arbitration must be ready to work hard and focus their time on learning the intricacies of the laws. In any given facts of a case, there can be various laws that could be applicable, so you must have a fair idea of the applicable substantive and procedural laws so that you can research if there has been any violation of some legal principles or judicial precedents that would help you to advance your case before the courts.

    For example, if there is a contractual dispute between two parties over goods purchased through an e-commerce site, then depending upon the facts, various laws could be applicable, such as the Contract Act, 1872, Sale of Goods Act, E-commerce rules, IT Act, 2000, CPC, IPC, CRPC, Evidence Act, Commercial Court Act, 2015 etc. Therefore, a holistic understanding of all the major laws is necessary while developing expertise in a few laws that one is most comfortable with.

    I am grateful to the ‘SuperLawyer’ for giving me this opportunity to share my experience and conclude by quoting an extract of a speech by Justice K. M. Joseph, Judge Supreme Court of India, at the convocation of the National University of Advanced Legal Studies, Kochi, which I consider to be very useful and practical advice in life, he said that ‘…Study the Court. When I joined the Bar, a senior counsel gave me advice which I thought was useful. He told me that the Court is like a zoo. There is the elephant, the horse, the deer and also the tiger and the lion. You cannot feed grass to the tiger as much as you would feed them to a deer..’