Super Lawyer

Tag: Supreme Court of India

  • “One must dive into the ocean of cases to understand the real intricacies and interpretation involved in Law.” – Pawan Reley, Advocate-on-Record, Supreme Court of India.

    “One must dive into the ocean of cases to understand the real intricacies and interpretation involved in Law.” – Pawan Reley, Advocate-on-Record, Supreme Court of India.

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

    Reflecting on your journey from law school to becoming an Advocate-on-Record at the Supreme Court, what were the pivotal moments that shaped your career?

    “Qabza dila diya mujhe mere makaan ka

    Mere jo hain vakil adeem-un-nazeer hain

    Poochho jo unki fees, tou ab us makaan mein

    Khud hazrat e vakil rihaaish-pazeer hain.”

    -Anwar Masood

    (English Meaning-

    “My lawyer helped me get possession of my house.

    He is blessed with unmatchable foresight. The fees, however, were so high that it cost me to cover the house itself.”

    The aforesaid lines I came across in my law school days stirred a profound transformation within me, redirecting my aspirations from a corporate job towards the realm of practicing law and aiding those in need as much as possible. I harbored a persistent dream of exerting every effort to alter the public perception of advocates for the better.

    Though my odyssey of the profession of law commencing from law school has not been an easy one but an arduous endeavor. As I was a Hindi Medium Student, even in Law school I encountered myriad problems. I got back in two subjects (English and Economics) in my inaugural semester. My peers hesitated to form a moot team or collaborate on articles with me, exhibiting their professional reservations despite amicable personal relations. In that time some latent sense of inferiority had pervaded my psyche. I don’t blame anyone for this. As humans, everyone wants to be with the best, which I was certainly not in the sight of my colleagues. I decided to fight this and transcend these challenges. I made all possible attempts to hone my linguistic prowess after reading various literature and Judgements. I started writing various articles on different topics. I decided to become the only Speaker in Moot Court competitions to conquer the fear of facing the judges. Colleagues now started trusting me for all kinds of work. Ultimately, I topped my last semester and earned the accolade of Student of Excellence. While I secured a few placements, I opted to practice law in Delhi. I joined the office of my senior with a stipend of Rs. 10,000/- in the Supreme Court of India.  However, this was not enough to survive. I also realized that learning the trial court work for any first-generation lawyer is highly essential. Thus, I used to work in Trial Court from 9 am to 6:30 PM and earn Rs. 10,000/-, take personality development classes from 7:30 PM to 9 PM (Monday to Saturday) and earn Rs. 5,000/-, and then work for the Supreme Court drafting from 10 PM to 2 AM and earn Rs. 10,000/-. These circumstances fortuitously instilled in me resilience to confront challenges with unwavering resolve. I also initiated pro bono law classes for the underprivileged students for the preparation of Judicial Services Preparation from 2016. When people around reposed trust in me, they gave a few really challenging cases to fight. I tried my best and the same resulted in fortifying the trust of people in me.  I decided to write an AOR exam in 2023. My foundational academic expertise, cultivated through instructing judicial services aspirants, facilitated success in the AOR examination. In the legal profession, while supreme intelligence may be optional, mastery of patience remains an indispensable requisite.

    As someone who handles diverse cases, including civil and criminal, could you share an experience that was particularly challenging and how you navigated through it?

    Allow me to recount a pivotal case, which was like a litmus test for my tenacity and devotion to the legal profession. It was my first big case, which I got by god’s grace merely after seven months of my practice. I had a very small office in Pocket -2, Mayur Vihar Phase-I, Delhi. It was the evening of 12th of February 2016, which unfolded a narrative that would indelibly mark my legal journey. A group of around 8 to 10 people entered my office and told me that the Government of Delhi was cutting thousands of trees in the green belt area of Sector 15-16 Trilokpuri in order to build flats for the people whose land had been seized by the Delhi government for the Nizamuddin Metro project. Their plea was urgent, as the matter was slated for final arguments in the High Court on February 14. They implored me to initiate proceedings before the National Green Tribunal (NGT) on February 13 and concurrently file an Impleadment application in the High Court on February 14.

    Those people divulged to me that since they were unable to get other advocates to file the matters in such a short duration for a reasonable amount of fee, which led them to seek my assistance. They further asked me if I would be able to file the case in such a short duration before NGT and in the High Court. Undaunted, I seized this opportunity without a moment’s hesitation and said “Yes”. Despite lacking experience in filing Original Applications before the NGT and possessing no format for such applications, I committed myself to the challenge. They endowed me with three hundred pages of representation and other notices in Hindi. I enquired about the format of Original Application with other friends. My inquiries among legal peers yielded no guidance, as they were unacquainted with NGT proceedings.

    I knew that it was a daunting task to go through the entire file and draft the application in a 12-hour window. I read the file till 5 AM the next day. I thought it was impossible for me to complete the same. I thought of giving up. I was quite broken. Faced with exhaustion and contemplation of capitulation, I discerned a divine test of my dedication to the legal profession. Resilience prevailed, I again started working and completed the draft by 10 AM without any sleep. I filed the matter before NGT after serving the copy of the case to five different counsels on the other side. I mentioned the matter and after fearless arguments secured the stay from NGT on the same day. Next day again I could not sleep because I had to file an impleadment application before the Hon’ble High Court. I filed the application just in time and it was allowed by the Hon’ble High Court. The bench, after giving me a patient hearing, held that it is the duty of the Government to provide home to the aggrieved persons but not at the cost of cutting trees.

    This case not only introduced me to local communities but also attracted independent clients seeking my advocacy. I share this experience as a testament to the crucible moments faced by young advocates. In the face of adversity, it is imperative to rise, sprinting with unwavering determination, for it is the endurance forged in such crucibles that propels young advocates forward in this demanding profession.

    Your book, “Iudexcracy vs Democracy: Revisiting Fourth Judges Cases,” is noteworthy. What motivated you to write it, and what key message do you hope readers take away from it?

    My fervent inclination to contribute to this work predates the NJAC case escalation to the Apex Court.  As a law student, I harbored a profound interest in Constitutional law, initiating my engagement with the field early on. With guidance from seniors in Law school, I started writing articles and presenting papers from my first semester itself. In the beginning of sixth semester, my team participated in a Moot Court competition centered on Judicial Appointments and the National Judicial Appointments Commission (NJAC). Later in my final year, I thought of extending the research on Judicial Appointments and NJAC through my dissertation. When I graduated from law school and started practicing law in Delhi, I found that the 99th Constitutional Amendment Act, 2014 along with NJAC Act had been passed in Parliament and the same had been challenged in the Supreme Court. My co-author (who was interning in the Supreme Court at that time) and I diligently used to observe daily proceedings every day from 10.30 AM to 4 PM captivated by the profound legal minds presenting eloquent submissions. Amidst this intellectual panorama, we envisioned ourselves as solitary islands, fervently desiring to contribute our perspectives to this ongoing debate. Our initial intention evolved into a more concrete idea – encapsulating our insights in the form of a book. Then, we were astonished to see the voluminous judgment consisting of more than 1,000 pages. Undeterred, we scrutinized it meticulously, identifying flaws that spurred our decision to conduct a critical analysis. The book meticulously explored judicial appointment procedures in other nations, drawing comparisons with the Indian context. It articulated arguments both for and against the basic structure doctrine, delving into its genesis. Additionally, the book elucidated arguments supporting the constitutionality of the NJAC with few suggestions. The book lauded the dissenting opinion of HMJ Chelameswar and called him an unsung hero because he was the only judge who fearlessly maintained in his dissenting opinion that there is “nepotism” in the judiciary.

    Winning the Atam Samman and the Udbhav Cultural Award reflects your significant contributions to the legal field. How do you handle the balance between a successful legal practice and your role in academia?

     I am really humbled and honoured to receive these awards. It is my deep interest in academia which has given wings to my legal practice granting me a multifaceted perspective.  When any academician studies any law subject for teaching the student, he studies that from beginning to the end. Thus, whenever I find any case to represent in Court be it Civil or Criminal, where interpretation of any provision is required, I in the dual capacity of academician and practicing lawyer can see various angles which may sometimes be overlooked by few practicing lawyers. As far as I have researched, almost all legendary advocates and Judges have been great academicians. For instance, Shri Nani Palikwala, despite his busy practice, used to devote his time to teaching law to students and was a part-time Lecturer at Government Law College, Bombay. He endeared himself to students by his clear exposition of the subject—always with a dash of humour and eloquence (At that time he was lecturing on the Evidence Act.). 

    I would like to narrate one of my real stories which is connected to academics and legal practice. In the year 2017, when I was waiting for my item to reach before one Single bench in Delhi High Court, one of my colleagues at the Bar was making his submissions before the Court that he sent the representation to the Government. Then the Ld. Judge posed him a question that, “When a Communication of proposal and acceptance is complete and under what provision of law is it provided?”

    Then my colleague at the Bar started referring to some Judgements. The Court specifically pointed out that it does not want judgement but provision of law. When the counsel could not answer, Court posed the same question to the members of the bar present in Court to be answered. Upon receiving the opportunity I raised my hand and answered the question, as at that time I was teaching my students Indian Contract Act, 1872 only.  The court, acknowledging my response, expedited my case, demonstrating the tangible benefits of a robust academic foundation in legal practice. I believe that the marriage of academia and legal practice is indispensable for cultivating a flourishing and enduring legal career.

    Your involvement in guiding judicial services aspirants pro bono is commendable. How important do you believe it is for legal professionals to contribute to legal education and mentorship?

    If you have knowledge, let others light their candle in it.-

    Margaret Fuller

    There is really a dire need in the Society of the “good legal professionals”. I regularly interact with Law students across the country. I feel that they really want to study and aspire to be good advocates but lack proper guidance and mentorship, causing them to veer off course in their pursuit of legal excellence. Problem is many law students are neither given proper practical insights by their law college nor guided by any experienced law professional. One can become a good legal professional only when one gets proper guidance, right mentorship and proper exposure to the law field. Study confined to four walls of law school is not sufficient. One must dive into the ocean of cases to understand the real intricacies and interpretation involved in Law. It is the bounden duty of all experienced legal professionals to extend a guiding hand and to give back to Society whatsoever limited they have.  It is the duty of the Law professionals to instill the sense of honesty, integrity and confidence in the young minds for their future. This noble profession demands a commitment to service rather than a mere quest for financial gain, and imparting these values to aspiring lawyers is pivotal.  I request all law professionals through this platform to treat law students with respect even if they don’t know anything. They don’t know that is why they are students. Don’t neglect or demean them even if they do not have the basic understanding of law. They would be natured and nurtured through your profund guidance.

    You recently spoke at TEDx. Could you share the central theme of your talk and any key takeaways you want the audience to remember?

    My TEDx talk was not related to Law or the legal profession. It ventured beyond the legal sphere. The title of my talk was “Why we need to relearn the art of Crying”. It was related to the perception with which we should see the world. I have discussed why we need to let go of our ego, and why it is required to leave everything on nature when we have already acted and when our true faith and the situation has gone beyond karma. I discussed how this nature gives you everything without even demanding it. My talk emphasized the superpower of crying. It explains why respect and power of this world lies under softness (in Hindi “Komalta”) and not under hardness (in Hindi “Kathorta”), and thus why you need to be soft and gentle. I would to place the Urdu couplet from Habib Jalib which matches my TEDx talk and is apt for the people with ego considering themselves as God specifically in the field of law:

    “tum se pahle vo jo ik shaḳhs yahāñ taḳht-nashīñ thā 

    us ko bhī apne ḳhudā hone pe itnā hī yaqīñ thā”

    “ab vo phirte haiñ isī shahr meñ tanhā liye dil ko 

    ik zamāne meñ mizāj un kā sar-e-arsh-e-barīñ thā”

    Outside of your legal endeavors, what are your personal hobbies or interests that help you unwind and find balance in your busy schedule?

    Beyond the legal realm, I find solace in playing Chess. It is like a booster dose for me. I also love indulging in the rich tapestry of Indian Philosophy (Bharatiya Darshan) from Charvak Darshan to Mimansha Darshan etc. In my free time I also read old Hindi Literature. Nowadays, I have immersed myself in the world of Munshi Premchand as I am reading his novel namely Gaban. It soothes my mind as it takes me to the old lifestyle of the village and makes it dreamy and nostalgic at the same time.

    What advice would you give to aspiring legal professionals, considering your own experiences and the evolving landscape of the legal field?

    I will give the following advice:

    1. Find your right mentor:

    The first and one of the most difficult challenges for any young advocate who wants to dive into law practice is to find his/her right mentor who is not only a good lawyer but also a good human being. A mentor who gives his juniors the opportunity not only to seek adjournments and conduct research but also to argue some small matters in the beginning of his practice. A mentor who does not disrespect his juniors and can show his junior the right path and guide him in case of any need. Thus, the journey of finding the right mentor should start from the first year of law school itself.

    1. Read Judgements consistently:

    Cultivate a practice of reading judgments every day. There should not be even a single day when you have not read any judgement. Take small judgements in the beginning and not the long judgements like “Keshavanada Bharti (1973)” or “K. S. Puttaswamy (2017)”. Completing small judgements will boost your confidence. Keep reading it for 6 months without having any expectation. Reading judgements will improve your drafting skills, court language, legal vocabulary, interpretation of law, knowledge, and communication of law.

    1. Do anything and everything to improve your communication Skills:

    Recognize that effective communication is as vital as legal knowledge, with the ability to express ideas clearly a hallmark of a successful lawyer.

    1. Try to have positive social media presence specially if are first generation lawyer:

    Harness the power of social media specially if you are First generation lawyer, but with caution, ensuring accurate and verified information to avoid negative repercussions.

    1. Try to start your practice from Trial Court or at least learn the work of Trial Court specially if you are First Generation Lawyer:

    There are a very limited number of cases which come to the Supreme Court. Thus, the first-generation lawyers who start practicing in the Supreme Court find it difficult to survive after four to five years of practice as they get very few cases. I have witnessed many first-generation lawyers leaving practice and joining firms or companies with meagre salary because of high instability in their legal practice leading them to depression and anxiety. Thus, as far as my opinion and experience is concerned, for first-generation lawyers, gaining experience in Trial Court work is crucial for survival and growth in the legal profession.

    1. Embrace hard work, dedication, and patience: 

    These virtues are the cornerstone of success in the legal profession, fostering resilience and long-term prosperity.

    Get in touch with Pawan Reley-

  • “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

    “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

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

    Sir, could you please share with us what inspired you to pursue a career in law, and how did your journey into legal practice unfold, especially in economic offenses and commercial dispute litigation?

    I hail from a small village in Bihar and hence my dreams were also moderate. Engineering and UPSC are the most popular options in Bihar as many of the locals perform well in these exams. I was too striving to become an Engineer, however the turning point for me was when I visited my uncle in Delhi who practices as a lawyer in the Supreme Court of India as an AOR. I was enchanted by his work on complex legal issues which created lasting imprints on my pristine mind. My Uncle also advised me to opt for a career in the field of law and with his guidance I took my leap into this exciting world of legalese. 

    Being garrulous by nature it seemed like a fish finding its natural waters and felt comforted by the mentor from my family who could always guide me past all obstacles that I may encounter charting this unfamiliar terrain. I was charmed by the interaction with a few senior advocates and their view on contemporary issues from the legal point of view which was on a much higher pedestal than many other professions and also afforded me the visibility which was missing in other professions.

    The rest of the things then fell into place with single-minded dedication and persistence in clearing the CLAT examination and opted for the curriculum at NIRMA University, Ahmedabad, where the set-up was quite rewarding in terms of the constant encouragement by the Professors and a competitive batch of students who would challenge me to excel and hone my skills. 

    Economic offences and commercial litigation seem to be the growing albeit nascent field of litigation and have become a natural choice for any newcomer who seeks to grow at an accelerated pace.

    Your focus area involves economic offenses, including matters related to the Prevention of Money Laundering Act, Prohibition of Benami Property Transactions Act, and more. What drew you to specialize in this particular field, and what challenges do you find most intriguing in handling such cases?

    With the opening of the Indian Economy and integration with the world economic systems, the intricacy of financial matters has acquired greater complexities, and it is important to delve into the nuances of trade and ensure compliance with the rules and regulations of the countries where they impact. Digitisation and internet connectivity have eased vigilance and tracking and often people get trapped into the web of deceit/conundrum of litigation which vexes the common man and in order to aid and assist them a legal professional is well suited to advice and counsel business professionals to safeguard their interest.  

    Increasingly the burden in litigation is being shifted onto the defendants and well-trained legal minds come to their rescue. Economic offences are the sunrise sector of litigation and hence attract young minds like a bee to the flower for its nectar.

    You’ve transitioned from being associated with law firms to establish your independent practice. Could you tell us about the pivotal moments that led to this decision, and how has the experience been as an independent legal practitioner?

    One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course. I have always chosen to associate with firms that have no restrictive working conditions to hamper my independent practice. In this process, I have lost vital aspects of stability and study earnings with a top-tier law firm, but the confidence gained while straddling two boats has been a fair bargain in my assessment. It is akin to being a co-pilot who after filing in the requisite hours of flying is qualified to occupy the chair of the commander of his own craft.

    Nothing is gained without experiencing its share of struggle and the initial formative years shape our destinies. Every young professional is like a diamond which must undergo its share of being cut and shaped by circumstances and chiselled by the artisans who mould them, and I count myself lucky that I got picked by the sharp intellects who are luminaries in their own right and illumine the path for me. I also feel redeemed and gratified when I do pro-bono matters which satisfy not only the mind but also the heart which makes this profession endearing and noble. 

    Your professional journey includes representing clients before various courts and tribunals on diverse matters. Can you share an experience of handling a particularly challenging or high-profile case and the lessons you learned from it?

    With God’s grace and the blessings of my mentors, I have had multiple opportunities to assist in several high-profile matters. It is my belief that every matter imparts a new learning and everything that augments my knowledge is to be counted as high profile as it has uplifted me from the lower echelons to the next level.

    I take pride in all the matters that are assigned to me and am committed to giving it my best regardless of the outcome. The end result may not always be to our expectation, since the judges have a mind of their own, but our conscience should not bite us for having left any stone unturned. One hallmark of professional integrity which I strive for is to put the best foot forward with persistence and care. The sporting spirit is my guiding principle that even the best of players/champions encounter defeat in some games, but it never weakens their spirit or resolve.

    Having excelled academically during your time at Nirma University, how do you balance the theoretical knowledge gained in law school with the practical challenges faced in the legal profession?

    Once you get on the field there is no substitute for experience. Once again, the sports analogy will help understand this – no amount of theoretical knowledge about the intricacies of the sport, the past statistics, the precedents etc can anticipate the uncertainties of playing conditions. The theory brings about awareness and is like a rough diamond, but it is only experience and constant practice that shapes our minds, characters and destinies. Needless to emphasise excelling in academics opens several vistas and avenues for anyone to choose the path for individual glory.

    And in this profession, constant updation is the sine qua non for any practicing advocate just like you have new software versions which regularly and periodically update and upgrade your knowledge and provide you with the edge which is the single differentiator of any successful professional. The need to burn the midnight oil is greater in practice than ever in academia. This is also what Steven Covey enlisted as the Seventh Habit in ‘Sharpening the Saw’.

    You’ve had the opportunity to learn from some of the best advocates, including senior advocates and government counsels. How has mentorship played a role in shaping your career, and what advice would you give to aspiring lawyers on finding the right mentors?

    That the greatest learning in the profession has been that no work is small or unimportant and what is done by one’s own hand shall stay with one for life. It is similar to swimming which once learnt is never unlearnt. Mentors and guides are the lighthouses that safely guide the ships in the vast ocean of life. The role of mentors can never be undermined, and I always look up to them when faced with a quandary. Senior advocates help us understand as to how arguments have to be framed and articulated in any hearing and to steer the course in the direction which shall eventually help the judge decide in our favour. We can learn to craft strategies from the seniors who bring their wealth of experience and maturity and fuse with our exuberance to present our side with vigour and vitality. In all of this it is essential that the facts are garnered from the files and discussions that are compiled and then neatly sifted into a summary which can be helpful in framing the briefs for senior counsels who need to be provided the critical points for their arguments.

    Given your extensive experience, could you share your perspective on the current legal landscape in India, especially in areas such as economic offenses, commercial dispute litigation, and the impact of recent legal developments?

     The legal domain is fraught with extensive work opportunities and provides an excellent launching pad for assuming leadership roles in society. Technology is quickly upgrading the systems and making it easy to adjudicate matters without logistical constraints. It is therefore necessary to be tech-savvy so that one can stay ahead in matters which are bearing global footprints and have far-reaching ramifications.

    What prompted you to write the AOR examination and what do you suggest to any candidate who will appear for these examinations.

    For every advocate, it is a dream to work at the pinnacle which is the august body of the Supreme Court, and it was not possible to stay away from this venerable temple of justice. I would appear immodest if I were to claim that this was my goal, but the fact is that one needs to take this exam with great dedication and commitment and at a young age one is required to be enthralled with energy to conquer this peak amongst the many that we set our minds to scale.

    Lastly, considering your achievements and the knowledge you’ve gained along the way, what advice would you like to offer to fresh law graduates who are embarking on their legal careers today?

    I always draw inspiration from the Mahabharata which asserts and exhorts us to – Stay focused on the eye of the fish only and nature shall conspire to let your wishes come true.

    Get in touch with Prabhat Kumar Rai-

  • “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 a first generation lawyer, you cannot be choosy as you have to run your show and household both”- Abhinav S. Raghuvanshi, Advocate on record and Manging Partner, Legal Intellizence

    “As a first generation lawyer, you cannot be choosy as you have to run your show and household both”- Abhinav S. Raghuvanshi, Advocate on record and Manging Partner, Legal Intellizence

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

    Sir, could you share with our listeners how you embarked on your journey in law? What motivated you to pursue a career in the legal field?

    Infact, my current profession of being a litigation lawyer is my second avatar as a professional as I started my career as a Scientist/Assistant Professor of Physics at Delhi University and I still consider myself to be a scientist by training and education but a Lawyer by profession. I am a first generation lawyer with no direct or indirect background in Law till I completed my LL.B. My real-life experiences rather confrontation with Law and Law enforcement agencies and my quest for the justice to the common masses motivated me to make my career in Law. During my stint as Professor of Physics, I was quite captivated by the working of certain law enforcement agencies and other government Institutions under the aegis of Constitution of India  and the interplay of the Legislature, the Executive and the Judiciary. Post my LL.B. from University of Delhi, I got shortly associated with the office of ASG, Government of India and AAG for the state of Rajasthan at Hon’ble Supreme Court, and thereafter, I started my own independent practice in the year 2012. 

    My cordial associations and relationships with my seniors at Supreme Court and other Courts helped me a lot in learning and developing the idea of litigation in a short span of time. 

    From your early career as a Jr. Associate at the office of the Additional Solicitor to become an Advocate-on-Record of the Supreme Court and to your current role as Senior Central Govt. Counsel, Counsel for DDA, Counsel For state of U.P. and several other PSUs including PNB & RFC and being lead and arguing Counsel for few big Corporate Houses like HAL Offshore, McDonald’s, Ultratech Cement, Binani Cement etc, you’ve navigated through different roles. How did these transitions shape your legal perspective, and what key responsibilities have defined your journey?

    Though, I had very short stint as Junior Associate in the office of ASG, Union of India and AAG, State of Rajasthan but I had a lot of learning in those offices and that helped me develop basic idea of litigation in a short span of time and with almighty’s grace, I was also able to strike very cordial associations and relationships with my seniors colleagues as also officers of registry at Supreme Court and other Courts. After only 15-18 months of my Jr. Associateship, I got onto my own independent practice because I started getting a few independent assignments based on my basic understanding of Court Ecosystem. However, my relations with my seniors at Supreme Court, High Courts and District Courts/Tribunals helped me in perfect execution of those assignments, thereby getting the intended reliefs. This is how the journey began and since then I have never looked back. 

    I am practicing as an independent Litigation and Arbitration Lawyer since Aug’2012 at Supreme Court of India, Delhi High Court, Mumbai High Court & Other High Courts across India, DRTs, DRAT, NCLT, NCLAT CCI, CAT ( erstwhile BIFR & COMPAT) at New Delhi. 

    The key responsibilities include:

    • Drafting & Vetting of Pleading of SLPs, Writs, PILs, Suits, Original Applications, Securitization Application, Misc. Applications, Service Matter Petitions, Claim Petition, Counter Claims, Evidence Affidavits,  Legal Notice, Reply/rejoinders and conducting Civil Trials and Appeals as also Arbitration matters. 
    • Appearing in all Court proceedings before the Hon’ble Justices & Registrars of Supreme Court of India, Delhi High Court, Bombay High Court, CAT, DRT, DRAT, NCLT, CCI, COMPAT & SAT at New Delhi, Kolkata and Mumbai.
    • Well versed with SARFAESI Act’ 2002, Recovery of Debts due to Banks & Financial Institutions Act’1993, DRT Rules, DRAT Rules, Banking Regulation Act’1949, Banking Companies Act’1970, Companies Act’2013, Insolvency & Bankruptcy Code’2016, SEBI Act’1992, PMLA Act’2002, Information & Technology Act’2000, Arbitration & Concilliation Act’1996, Specific Relief Act, Registration Act, Contract Act, Specific relief Act, Civil Procedure Code.
    • Vetting of Contracts, Agreements, Licenses, Hypothecation,  Mortgage & Conveyance Deeds.

    I am regularly appearing and conducting Litigations before Supreme Court of India, High Court of Delhi & Mumbai, DRT- Mumbai, DRT Kochi, NCLT & NCLAT Delhi, NCLT Mumbai, High Court of Calcutta, High Court of Kerala at Ernakulum, High Court of Orissa at Cuttak for my clients. Apart from my appearances before the Courts, I am also representing many of clients in their Arbitration cases at Mumbai and Delhi. I am also a qualified Mediator and am empanelled as Mediator- at Supreme Court of India. 

    Your profile showcases extensive experience in Civil-Corporate Litigation, Arbitration, and White-Collar Crimes. How did you develop an interest in these specialized areas, and what challenges and rewards have you encountered along the way?

    To be honest with you, as a first generation lawyer, you cannot be choosy as you have to run your show and household also. Therefore, during my initial years, I took variety of cases, which ranged from appearing before a Revenue Officer to going to Police Station or Human Right Commission. From drafting of criminal Complaint to drafting of Consumer Complaint. From drafting a Claim Petition for MACT to drafting a Claim Petition for Arbitral Tribunal. Doing almost all the work at Supreme Court/High Court registry myself. Took every assignment irrespective of its pecuniary rewards or forum or rigours with only one thing in mind that each case was learning experience and success at these cases boosted confidence and fostered new relations at different levels of hierarchy. Success in these small assignment perhaps got me noticed by my senior colleagues and few Corporate Heads and the insight, which I gained during these exposures lead me to convince my initial Clients with confidence. I started getting cases related to Banking and Recovery before DRT Delhi & DRT Mumbai and also erstwhile BIFR. After implementation of IBC regime, these cases took me to NCLT & NCLAT. These financial/ banking cases with big exposure values invariably involve criminal aspects of wilful default, siphoning off and diversion the funds, fraud or money laundering. Similarly Property disputes these days have intrinsically some criminal colour in form of forgery, cheating and Service matters may also have flavour of corruption involving PC Act. Thus, despite not exactly planning for venturing into a specific area of expertise, I gradually got specialised into these areas. The best reward and motivation to keep on moving in these areas of expertise was the pecuniary benefits and broad and global exposure to working of various Industries such as Cement Industry, Shipping Industry, Oil & Gas Industry, Minning Industry, FMCG Companies, Banking and Non-Banking Institutions, Event Management Companies, Hospitality Companies etc. However,  the challenge is obvious, one needs to extensively study and understand working of each Industry so that one have an insight of practical execution of business in such Industry or Sector,  secondly since stakes are high in these commercial matters, therefore there is constant pressure to outperform the routine practitioners and one has to keep toiling, traversing and translating the strategies into court room success.  

    You’ve represented significant industrial houses and corporations in high-stake litigation and arbitration cases. Could you share a specific case or accomplishment that you consider particularly impactful or challenging in your career?

    There is not one  or two but rather 4-5 cases, each in different domain of law, wherein my legal mettle along with personal traits of being lawyer was put to test. Out of 5, I succeed in three but lost in two but all 5 cases, I consider as most challenging and which left long lasting affect in my career journey. These cases gave me learning for lifetime and helped me to meta morph into a seasoned lawyer. It is difficult to describe the entire experience in this short interview but in hint, I can say that one matter was an arbitration matter against a big Corporate giant of this Country being represented through battery of senior designated lawyers.  But as luck could have it, my grit and determination finally prevailed and the Tribunal went by merit and not by the stature of either the Corporate House or the Sr. Counsel. Another matter was a matter against a Head of top Government Institution, who had entangled a female employee in her service matters ostensibly, whereas in reality it was a criminal matter having contour of POSH and other criminal element. This Officer was being defended by a Sr. Counsel, who was from a family of Judiciary and exuded aura and confidence. Though, we had initial success, however his aura prevailed in later part. Finally our persistence paid and fortunately after 4.5 years this person was booked by CBI and taken into custody but not before we had filed several cases before several forums in 3-4 years unshakingly, unperturbed and  undeterred by initial setbacks. The third one relates to a case before CCI & COMPAT, which gave me my entry into corporate litigation and again this was example of purely Out of Box thinking, wherein, we took advantage of legal technical loopholes to save 18.5 crores of rupees and to buy time to properly strategise our bankruptcy filling before NCLT, Kolkata. These instances lead me to believe in the famous saying- ‘ A lawyer never looses- either He Wins or He Learns ! ‘         

    How do you approach the unique challenges presented by different clients and Industries?

    The first and foremost thing, which I do, is to understand and identify the core issue/dispute involved in the given case and the mindset of client and his desired goal. Thereafter, I make a fresh & unorthodox approach towards finding all the possible legal remedies available for the client and devise strategies with precision taking holistic view of the matter to suit specific requirement of the client but at the same time ensuring that each step involving the dispute resolution is in sync with the legal requirements. Most of the time it requires – ‘Out of Box thinking’ and Risk taking. At times, it involves working beyond clock hours and travelling to different cities and interacting with people from different walk of life. To have a clear and succinct understanding of an event or case, I meticulously study each transactions or step involved till arising of the dispute and thereafter take a practical overview of working of that Industry or Office to get nuances and peep into intention of the person or parties behind such transaction or dispute. Once I am clear on this, I devise a multi- pronged strategy to tackle the issue effectively and efficiently. In accordance to the strategy, the steps are legally executed to get the intended result. So far it has given me success@85-90%. I do not believe in misleading a client or over stating before a client and therefore adopt a pragmatic approach towards the dispute resolution.  I am a firm believer of settling dispute through ADR mechanism especially in commercial disputes and that also makes a client to trust my bonafide. In order to understand financial jargons, nuances and technicalities with more clarity and in order to empower myself with a knowledge, wherein I could not only answer to the Court Room queries but also to Board Room queries, I did Executive Program in Business Finance ( (EPBF)from Indian Institute of Management, Ahmedabad.  

    Given your rich experience, what advice would you offer to fresh law graduates who are about to embark on their legal careers? Are there specific skills or mindsets you believe are crucial for success in the legal profession?

    Rather than advising, I shall prefer to share my experience which itself comprises of experiences of several associates of mine. Here, I would like to mention three things that I have learnt in the process. Firstly, during the initial phase of your career, give most of your time in learning the methodology of doing things, like how are the things being done. Understand the ecosystem in which we work. Learn and understand what is the ecosystem of the District Courts, the High Court, the Tribunal and the Supreme Court. Nobody can learn that ecosystem in such a short span of time therefore you need to have patience and perseverance and an undying attitude for exploring and learning. You need to understand what is registry, what is court master, what is cause list, what is the interplay of various officers in the court, what is the roster, how is filing done in registry, what is the defect curing technique, what is criteria for listing and how are matters listed and more. People think that every day when a case is listed, it is listed for the argument. No, it is not true. On a given day, a matter may be listed only for limited purpose of notice or for limited purpose of arguments or for a limited purpose of compliance. Therefore, we need to understand as to what is required for us to learn during formative years and than learn them effectively. 

    Secondly, as a law student or young lawyer, you should try to learn things other than the law itself. You need to read and understand polity, history, sociology, economics and finance but not in theoretical sense but the news part or the part of it actively influencing day to day life. You need to read news, you need to read technology. You need to read several other things more than the core law during these formative years.

    Thirdly, as a law professional, your connections and relations with people from several walks of life help you in securing cases and to effectively tackle it. Thus you need to forge and curate your relationships and connections with outmost sincerity and caution during these formative years. Even today, I seek guidance and help from my seniors and my cordial relations with them have helped me a lot in advancement of my career.

    In crux, I intend to say that litigation is not just about researching or presenting arguments before the Courts. There is some basic homework which as lawyer you do before arguing your case or presenting your case in the Court on a given date. Now those requisite skills cannot be learnt in the law school but only during your exposure with the Court Eco-system. Moot courts can definitely hone your researching and arguing skills but devoted internships and association as Junior Advocate with right mentor/ senior associate and your personal capacity to grasp things by observing and studying can help you take large strides. Mastering your drafting skills, client handling skills, communication skills and system management, makes you a wholesome lawyer. We, as established advocates always look up for competent juniors with good skills and traits. Learning law in the law school and its application in the real life court scenario with efficiency and effectiveness can help you become excellent litigation advocates of tomorrow. Learning the process and procedure is the key.

    Devotion, perseverance and consistency along with right approach will make one sail through it. Ultimately, it is one’s own hard work and patience that pays. Keep on learning each day. Even as an established advocate, I still thrive to learn each day.

    Get in touch with Abhinav S. Raghuvanshi-

  • “It is extremely important to keep your head down and continue working hard at every stage of your career”- Pratiksha Mishra, Advocate-on-Record, Supreme Court of India

    “It is extremely important to keep your head down and continue working hard at every stage of your career”- Pratiksha Mishra, Advocate-on-Record, Supreme Court of India

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

    Pratiksha, it’s a pleasure to have you with us. Could you start by introducing yourself to our readers, giving a glimpse into your journey from law school to becoming an Advocate on Record at the Supreme Court of India?

    I graduated from the Army Institute of Law in 2015. I began law school with the idea of venturing into the corporate/transaction side. However, during my early internships I realized that I enjoy litigation and foresee myself practicing in courts. This was largely because of the mentors I came across during the course of internships and, my senior and  very close friend from college, Niyati Kohli who really encouraged me to pursue litigation. 

    I started my career at the chambers of Mr. Balaji Srinivasan, Advocate on Record where I got the opportunity of independently handling matters before the Supreme Court and a variety of other forums such as the TDSAT, NCLAT and the NCDRC. The professional guidance and moral support I got from Mr. Srinivasan helps me with my work even today.  I must also mention that I had a wonderful set of colleagues at the chamber with whom a 7-day work week never felt burdensome. 

    Having worked at an AOR Chamber, appearing for the AOR exam had always been a priority. By the time I became eligible and appeared for the exam, I was at Khaitan & Co. Apart from everything else that goes for any other exam, appearing in the AOR examination also entails handling the pressure of the preparation process, alongside the responsibility of your regular practice. In my case, this entire process was relatively easier because my husband was also appearing for the exam the same year. 

    You’ve had an impressive career at Khaitan & Co. Can you share some pivotal moments or cases that shaped your journey and defined your focus in areas like IBC litigation, commercial and civil litigation, and arbitration?

    I joined the Delhi Office of Khaitan & Co after completing 3 years at Mr. Srinivasan’s chamber. Thanks to the firm and my seniors, Mr. Diwakar Maheshwari and Mr. Karun Mehta, I have had the chance to work on some extremely challenging and nuanced propositions. I got to contribute to several high-stake IBC disputes almost immediately after joining the team. Over five years of working with the firm have given me the opportunity to interact with and represent a variety of clients. One of the most valuable lessons I have learnt is the importance of understanding the commercial objective behind a litigation and coming up with a solution to achieve the same. 

    My expertise in areas of IBC litigation, commercial and civil litigation, and arbitration, essentially came from the work that has come my way during my time at Khaitan and Co. 

    Your practice involves a wide array of legal areas, including IBC litigation, commercial and civil litigation, and arbitration. How do you manage to balance such diverse responsibilities, and do you have a favorite among these areas?

    Irrespective of the subject matter, the way one approaches a case is largely the same.  Having said that, the procedural law followed in an IBC proceeding, an arbitration and a civil suit is very different. The style and structure of the pleadings differ from fora to fora as well. For example, a plaint/arbitration claim is starkly different from a petition under IBC which is largely as per a prescribed form.  

    I work with an extremely competent team of lawyers and support staff from the firm. They make managing the volume and diversity of work much easier. 

    I do not have a particular favorite area of work. I enjoy the pressure that the stakes of an IBC proceeding inevitably brings. At the same time, I find the process of initiating a suit/arbitral claim and seeing it through to its logical end extremely fulfilling. The rush of adrenaline that follows a good cross-examination is unmatched. As I have said earlier, I have been fortunate to have been exposed to a gamut of work. I hope that the same continues in the future. 

    As someone who has represented clients in insolvency proceedings, could you share an interesting or challenging experience that stands out in your career so far?

    IBC as a legislation has been extremely dynamic and fast-paced. There have been numerous cases where amendments to the law have been introduced having completely altered the course of a matter overnight. 

    Another great thing about working on a relatively new subject is that you get to test innovative propositions which have not been examined by the Courts before. I have found it extremely satisfying when arguments based solely on the reading of provisions of the IBC have been canvassed by us and accepted by the Court. The chance to contribute to the development of new jurisprudence in this manner has been both – the most challenging and the most fulfilling experience in my career thus far. 

    Looking ahead, what are your aspirations for the future, both professionally and personally? Are there specific areas of law or causes that you are passionate about and would like to contribute to in the coming years?

    Professionally, I hope to be able to continue doing good work and turn out as a well – rounded and reliable professional for my clients. Having worked on the commercial side for 7 and a half years, I hope to be able to make time for taking up pro-bono assignments in the future and to be able to somehow contribute to society. 

    On the personal front, it has always been an endeavor to maintain the right work-life balance and make time to pursue some hobbies outside work. 

    Beyond your legal pursuits, do you have any personal interests or hobbies that play a role in maintaining a work-life balance? How do you manage the demands of a challenging legal career while nurturing personal well-being?

    I have always enjoyed participating in physical activities such as swimming, running, boxing etc. I believe that taking care of your physical health, in a way, helps you also take care of your mental health. Setting aside, a few hours in the morning before work for exercise helps me decompress and prepare for the day.  

    For aspiring lawyers entering the field, given the competitive environment and long working hours what advice would you offer? 

    There are no shortcuts in this profession. It is extremely important to keep your head down and continue working hard at every stage of your career. Given that we spend most of our time around people we work with, it is essential to be inclusive and have a good equation with colleagues. Like I mentioned earlier, having a good team around you effectively reduces the stress of the long hours one has to put in.

    Get in touch with Pratiksha Mishra-

  • “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-

  • “It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter” – Ajesh Kumar Shankar, Founder of AKS Law Associates

    “It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter” – Ajesh Kumar Shankar, Founder of AKS Law Associates

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

    We are extremely delighted to have you with us for this interview. Can you please introduce yourself, highlighting your journey from the establishment of AKS Law Associates in 1999 to becoming a prominent figure in the Indian legal fraternity?

    I was in the computer field back in the mid-nineties. Back then, I used to occasionally accompany my folks to meet with lawyers, either seeking advice or to engage them in a matter. It was a learning curve, to understand the complexity of law and/or that it was near to impossible to have a clear vision of the road ahead. So, on the one side, I was professionally engaged in the computer field wherein we were promising solutions for business enterprises with a certain amount of predictability, efficiency and transparency whereas, the real-life legal problems had the dusty road ahead. Intrigued, I studied law. Fascinated by the subject of law and its complexity, I started my independent legal practice after training for about a year under my senior.  For the first 10 years or so, I was predominantly engaged in chamber practice by advising clients in general corporate law and especially in Real Estate law. After 2009, I started attending Courts regularly and have been conducting matters before courts and tribunals across India. I have had the good fortune of appearing before the Supreme Court of India. There have been interesting cases addressed by me before International Arbitration Tribunals and the High Courts of Delhi, Bangalore and Chennai. As far as possible, I take instructions directly from the client and 9.9999 on 10, do not engage any Senior Counsel. I insist that my young colleagues in office must conduct a trial/argue a matter before the High Court. As far as possible practically, adjournment is not an option in our office. We have a small practice and keep a close connection with our clients. If we do not meet the client’s expectations, we own up to our shortcomings and do not pass the buck. What we try to do, in our first meet which is on the house, is to give the client a road map of their case’s journey to set expectations.

    Your areas of practice range from international arbitration to corporate advisory. How do you navigate the diverse challenges posed by different legal domains, and what aspects of your practice do you find most fulfilling?

    Every case is unique. I do not take up any matters concerning matrimonial disputes, service matters, direct and indirect tax. A client wants to hear the problem first and the solution thereafter, especially when it comes to corporate advisory in agreements. Due to our varied experiences in litigation, we can quickly identify the potholes and crossroads in an agreement and the challenges that may come up. Clients weigh in on our experiences in litigation to assist them in identifying clauses in an agreement that may be problematic and also offer solutions when such problems do arise.  As we work very closely with clients and the owners/ top management we have some understanding of their businesses and what they expect out of a dispute. Once we have clarity as to what is a client’s expectation, then to advise them on the legitimacy of their expectations or what would be the best outcomes is quite straightforward. We do not take up a case that we do not feel that we can address. The broad spectrum of cases we take up is because we are confident that we can address the issue in the matter. This is backed by painstaking research and understanding as to what could be the possible outcomes. If it’s an untrodden field, we take a reasonable lead time and tell the client that we lack prior experience in the matter. Quite often, clients come to us in areas we have never worked with to consider if we would approach the matter differently and many a time this has worked well for the client.

    Your commitment to pro bono cases and public interest litigation is commendable. What drives your passion for social justice, and Could you share a memorable experience where your legal expertise made a significant impact on social justice or community welfare?

    India is a land of plenty of everything. For over a decade, I have chosen to provide free legal services for economically weaker persons and work towards creating an efficient legal structure in solid-waste management. There are many anonymous Indians who do a lot, yet they do not find a place on the newsfeed and they are not interested either.  When we take on a pro bono case, the client gets equal treatment as a paid client. I believe that every legal professional must extend themselves to the community/ persons who need them the most. When you go and have a meal with a person who has had a legal closure of their case and you have had a small role in it, the satisfaction you get is much more than being paid by a corporate. I had a client who came to me with a matter where he had signed an agreement at terms that were patently unfavourable to him and he was forced to sign up for a song, he was in financially difficult circumstances and there was a good possibility that his land was going away. After being turned down by many prominent lawyers, he came to me. I confessed that I had no prior experience in dealing with the matter but I would put in an effort if he agreed. The matter was argued by me successfully from the Trial Court up to the Supreme Court and the client ended up with a fortune. 

    Your profile reflects a multifaceted personality with diverse interests such as equestrian sports, chess, running, yoga, and continuing education. How do these passions contribute to your life?

    You have one life, live it and enjoy it to the fullest! I do enjoy exploring my mind and my fears. Many of my decisions have been taken after a long ride with my horse, Ziggy. The best place to be in the world is on horseback… ride one to know it. Playing chess at school helped me to be patient and analyse people’s moves. Chess is such a challenging game and no two games of chess or players are the same. I tried to be fit and I started yoga to experience my inner and external journey of mind, body and soul, with my teachers at the Iyengar school. Learning is a lifelong process and learning for me is to improve my mental gym.

    Upholding the highest ethical standards is a hallmark of your practice. How do you ensure transparency for clients and fairness to opponents while navigating complex legal matters?

    Character must not change. You might get a good reputation if you win many cases, which may not be true if you lose many. It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter. I would always be ready to apologize to anyone if I have made a mistake or hurt someone. Etiquette to your client opponent and colleagues is not limited to good language skills, it’s about being clear and laying all cards on the table. This helps you to have a committed client and respect from your opponent and colleagues. It is very important to note that while you may not be aware, others observe you and learn from your good and bad. Therefore, it does not cost anything to be a good human being, so why not?

    Your legal outreach initiative focuses on creating legal awareness and education in local communities. What inspired you to take up this initiative, and how do you see it making a difference in the lives of people?

    Many decisions are because you do not know your rights. We spend time educating and creating legal awareness in communities to enhance people’s knowledge about their rights which would help them in making decisions. Some of the most basic legally binding decisions that stare you in the face, are because you did not know better. I have seen this at home. As we come from an army background, going to lawyers was not naturally a done thing unlike how businessmen utilise the services. My folks have had to suffer serious hardships because they were not informed of their legal rights. This has always been in the back of my mind. Therefore, as promised early in my career as a lawyer, I have always been engaged in legal awareness with communities, senior citizens and lonely parents.

    You actively mentor younger lawyers to expand access to legal services. How do you approach mentorship, and what advice do you offer to aspiring lawyers entering the legal profession?

    I refer to all lawyers as colleagues. Once a lawyer has a license to practice we are all equal. The same lawyer younger in age may turn out to be a judge before whom we have to appear and say ‘M’lord’. That’s the most interesting part of the legal profession, there are no limits as to what you can achieve. It is only dependent on you. If you want to be a paper pusher or adjournment lawyer – you can. Or, if you want to be a Palkhiwala – you can. I spend and invest a lot of my time with my colleagues, running through their cases and preparing them for the matter by reviewing drafts, and agreeing on approaches for trial or final hearing. This helps them to be confident as they are well prepared. My only request to them is to do the same for their colleagues. 

    What advice would you offer to the coming generation of lawyers, considering the evolving landscape of legal practice and the societal challenges we face? Could you share a personal or professional mantra that has guided you throughout your career and continues to inspire your work at AKS Law Associates?

    The legal landscape is changing, it has increasingly no place for paper pushers or adjournment lawyers. The young, dynamic and hardworking professionals are dominating the field as either lawyers or judges. Technology is playing a larger role than ever. International arbitration is now becoming commonplace. If you want to find your niche and grow that practice, do it early. Have a general broader practice so that you can have an ear to the ground and earn a steady income and at the same time focus on growing your niche. Small is big! Clients want your time and they are willing to pay for it so long as you deliver. You don’t need a fancy name to your visiting card or a fancy office to start with; you need to focus on understanding how to resolve the client’s issue and after that it is a home run.

    Get in touch with Ajesh Kumar Shankar-

  • The maxim “justice delayed is justice denied” encapsulates a critical issue within the Indian legal system that demands meticulous attention and reform – Dr. Anagh Mishra, Advocate-on-Record at the Supreme Court of India, unravels his remarkable journey from law student to a legal luminary

    The maxim “justice delayed is justice denied” encapsulates a critical issue within the Indian legal system that demands meticulous attention and reform – Dr. Anagh Mishra, Advocate-on-Record at the Supreme Court of India, unravels his remarkable journey from law student to a legal luminary

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

    Dr. Anagh Mishra, your journey through the legal landscape, from the hallowed halls of ILS Law College to being an Advocate-on-Record at the Supreme Court, is quite intriguing. Can you share a memorable anecdote from your early days as a law student that still brings a smile to your face?

    Reflecting on my law college days, one standout memory that brings a profound sense of accomplishment is when the Placement Cell chose my CV to be the exemplar for the forthcoming batches. The announcement came as both a surprise and an honor, underscoring the meticulous effort I had invested in crafting a CV that not only showcased my achievements but also adhered to the highest professional standards.

    The recognition from the Placement Cell carried significant weight, knowing that my CV would be presented as the ideal template for fellow students navigating their own paths into the professional realm. It wasn’t just a personal triumph; it became an opportunity to contribute to the success of my peers and offer guidance through a tangible example.

    The experience highlighted the importance of attention to detail in the professional realm, emphasizing the impact a well-crafted CV can have on one’s career trajectory. This moment stands out as a testament to the collective growth and support within our academic community, shaping not only my journey but also contributing to the broader success of aspiring legal professionals.

    Your expertise spans areas like environmental activism, corporate laws, and intellectual property. How do you find harmony or balance between such diverse legal realms, and do you have a favorite area of practice among them?

    Navigating diverse legal realms such as environmental activism, corporate laws, and intellectual property requires a thoughtful approach to finding harmony and balance. One of the key strategies is to identify overreaching principles and interdisciplinary connections that exist among these areas.

    Environmental activism often intersects with corporate laws, especially in areas such as sustainability, compliance, and corporate social responsibility. Intellectual property, on the other hand, plays a crucial role in safeguarding innovations related to environmental technologies. Recognizing these interconnected threads allows for a more holistic understanding of the legal landscape. The intersection of IPR and environmental concerns has become increasingly crucial, particularly as technological innovations play a significant role in addressing environmental challenges, and that was primarily the issue addressed in my Ph.D. thesis.

    To maintain balance, I prioritize staying informed about the latest developments in each area through continuous learning and networking. It’s essential to understand the broader context in which legal issues arise and how they may impact multiple sectors simultaneously.

    As for having a favorite area of practice, each realm brings its unique challenges and opportunities. Environmental activism allows me to contribute to a cause I am passionate about, corporate laws provide a strategic and business-oriented perspective, while intellectual property allows for creative problem-solving. The diversity keeps my work dynamic and intellectually stimulating. While I may not have a singular favorite, I appreciate the synergy that arises from integrating insights from these different legal spheres, fostering a well-rounded and comprehensive approach to my practice.

    Apart from your legal practice, you’re actively involved in publications covering topics from biosafety to landlord-tenant disputes. What drives your interest in legal writing, and how do you choose the topics you want to explore and share with the legal community?

    Engaging in legal writing beyond my legal practice is a passion rooted in a desire to contribute to the legal community and share insights on a diverse range of topics. Several factors drive my interest in legal writing.

    Firstly, legal writing provides a platform to contribute to the ongoing discourse within the legal profession. It allows me to share my perspectives, research findings, and practical experiences with a broader audience, fostering a sense of community and knowledge exchange.

    The choice of topics stems from a combination of current legal trends, emerging issues, and areas where I believe I can offer meaningful insights. Whether it’s biosafety, landlord-tenant disputes, or any other legal subject, I aim to select topics that are relevant, timely, and have the potential to impact practitioners, scholars, and the general public.

    Furthermore, my interest in diverse topics reflects a commitment to staying well-rounded and informed across various legal domains. It allows me to continuously expand my knowledge base and adapt to the evolving landscape of the legal profession.

    Ultimately, the driving force behind my legal writing is a genuine passion for the law and a commitment to contributing positively to the legal community.

    You’re known for handling PILs addressing air pollution in Uttar Pradesh and the disposal of used cooking oil. How does it feel to make a legal impact on issues that affect people’s daily lives, and what kind of challenges do you encounter in such cases?

    Handling Public Interest Litigations (PILs) majorly concerning public health has been a deeply fulfilling yet challenging aspect of my legal career. Making a tangible impact on issues that significantly influence people’s daily lives carries a profound sense of responsibility and purpose.

    The satisfaction derived from contributing to environmental and public health improvements is immeasurable. Knowing that legal actions have the potential to enhance air quality in communities or establish proper mechanisms for the disposal of used cooking oil creates a direct link between legal advocacy and the well-being of individuals.

    However, these endeavors are not without their complexities. Environmental litigation often involves navigating intricate regulatory frameworks, scientific intricacies, and sometimes resistance from industries or entities with vested interests. Crafting legal arguments that effectively convey the gravity of environmental issues to judges and stakeholders requires a meticulous understanding of both legal principles and scientific evidence.

    The prolonged nature of legal processes in PILs demands unwavering persistence and dedication. Challenges may arise not only within the courtroom but also in coordinating with diverse stakeholders, including government agencies, environmental experts, and impacted communities. Striking a balance between these various interests and ensuring that legal actions align with the broader public interest adds layers of complexity to the work.

    In conclusion, while PILs addressing environmental concerns pose challenges, the opportunity to contribute meaningfully to societal well-being through legal advocacy is unparalleled. The convergence of legal expertise, scientific knowledge, and a commitment to positive change makes this aspect of legal practice exceptionally rewarding. It underscores the transformative potential of the law in addressing pressing issues that impact the lives of individuals and communities.

    Your educational journey includes a Ph.D. on ‘Intellectual Property Regime and Protection of Biodiversity.’ How has this academic pursuit influenced your approach to legal practice, and have there been instances where your academic insights shaped your strategy in a case?

    Certainly, my Ph.D. journey on ‘Intellectual Property Regime and Protection of Biodiversity’ has significantly influenced my approach to legal practice and has proven instrumental in shaping strategies in various cases.

    Acquiring in-depth knowledge in this specific area has provided me with a nuanced understanding of the intersection between intellectual property laws and biodiversity protection. This academic background has enhanced my ability to identify novel legal arguments, foresee potential challenges, and craft more comprehensive and strategic approaches when dealing with cases that involve issues related to biodiversity and intellectual property.

    In addition to your professional achievements, we’d love to know more about your personal interests. Do you have any hobbies or activities outside of the legal world that you find helps you unwind and recharge?

    Absolutely! Beyond my professional achievements, my life is enriched by three passions that bring me immense joy and fulfillment – cooking, gardening and travelling.

    Cooking is a delightful journey into the world of flavours and culinary traditions. The art of preparing authentic Italian dishes allows me to experiment with fresh ingredients, herbs, and spices, creating dishes that are not just meals but experiences. It’s a culinary adventure and feeding people that I find both therapeutic and rewarding.

    Gardening is another cherished aspect of my life. Tending to plants, cultivating green spaces, and witnessing the growth of a garden provide a serene escape. The hands-on connection with the soil, the vibrant colors of blooming flowers, and the satisfaction of nurturing life contribute to a sense of tranquility and balance in my everyday life.

    Travel is my constant companion in the pursuit of new experiences and perspectives. Whether it’s strolling through historic streets, savouring local delicacies, or taking in breathtaking natural scenery, each journey adds a unique chapter to my life’s story.

    One of your recent achievements is clearing the prestigious Advocate on Record examination in your first attempt. Can you tell us how difficult was it for you to prepare for the exam alongside managing your own practice?

    I appreciate the acknowledgement. Clearing the Advocate on Record examination in my first attempt was indeed a significant achievement and a demanding endeavor. I think it was in the year 2009, when I entered the CJI’s court as an intern and upon witnessing the compelling arguments presented by several senior lawyers at that time, I was profoundly impressed, leading me to make a firm resolution that I would one day be appearing in the Supreme Court.

    No doubt preparing for such a prestigious examination while managing my own legal practice posed its set of challenges. The examination’s rigorous nature not only requires an in-depth understanding of procedural laws but also a mastery of court practices and drafting. Balancing this intensive preparation alongside the responsibilities of managing a legal practice demanded meticulous time management and a disciplined approach.

    Late nights and early mornings were often dedicated to focused study sessions, ensuring that I stayed abreast of the extensive syllabus. Integrating practical insights from my own legal practice into the theoretical framework of the examination added an extra layer of complexity but also enriched my understanding of the subjects.

    While the journey was undoubtedly demanding, the commitment to professional growth and the pursuit of excellence fueled my determination. The experience not only deepened my legal knowledge but also enhanced my organizational and multitasking skills. Overall, the challenges were significant, but the sense of accomplishment upon successfully clearing the examination made the effort worthwhile.

    Looking ahead, what’s one aspect of the legal profession you would like to see change or improve, and what role do you envision yourself playing in that transformation?

    The maxim “justice delayed is justice denied” encapsulates a critical issue within the Indian legal system that demands meticulous attention and reform. A fundamental transformation is required to establish a mechanism ensuring the prompt and efficient disposal of cases.

    One of the pivotal improvements I envision is a comprehensive reform initiative aimed at expediting the legal process. This entails addressing systemic issues contributing to delays, such as case backlog and procedural inefficiencies. Implementing technological solutions for better case management, e-filing, and facilitating virtual hearings can significantly contribute to expediting legal proceedings.

    Furthermore, fostering a culture of judicial accountability and introducing performance metrics could incentivize timely case resolutions. Streamlining procedural complexities and promoting alternative dispute resolution mechanisms, such as mediation and arbitration, can offer efficient alternatives to protracted litigation.

    In this transformation, I see myself playing a role as an advocate for judicial reforms. This involves actively participating in dialogues on legal reform, engaging with relevant stakeholders, and supporting initiatives that prioritize the timely dispensation of justice. Through these efforts, I aim to contribute to a legal system where justice is not just a theoretical concept but a tangible reality, accessible to all in a timely manner.

    Get in touch of Dr. Anagh Mishra-

  • “People can be either destined for something or they can find the determination to get it” – Palash S Singhai, Advocate-on-Record, Supreme Court of India.

    “People can be either destined for something or they can find the determination to get it” – Palash S Singhai, Advocate-on-Record, Supreme Court of India.

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

    Palash, your journey from assisting your father at the District Court to becoming an Advocate on Record at the Supreme Court is remarkable. What sparked your interest in law despite not initially considering it as a career option?

    I think people can be either destined for something or they can find the determination to get it. The advantages and pitfalls are many and, and yet it can work either way as long as we understand what we must do. I chose to study law and become a lawyer and I had some idea about what to expect. My father is a lawyer too, and he was my first mentor. After I finished high school, I started assisting my father in matters before District Courts. But when it came to choosing a career, neither of my parents persuaded me to study law. In fact, once I got enrolled into the law school, my father told me that he will not have me as a junior and that I had to find my own way. I know his intention was to ensure that I don’t get comfortable with the thought that I can just go back and join him. Sometimes you do better when things are not already decided for you. So, despite law being in my destiny, I chose it and I enjoy it everyday.

    As one explores further and learns more aspects of law practice, the excitement and zeal to learn only grows. But with this excitement, it is also important to remember that our work affects other people. So I try to be punctual at work and make sure to be present in courts whenever a matter is listed. I try to be diligent in preparing my case briefs and be ready to make submissions. For me there was no plan B and so I make sure that I am prepared for the challenges that litigation brings and I stay determined.

    You’ve had the opportunity to work on diverse cases, from representing a leading Infrastructure Company in arbitral proceedings to handling matters related to oppression and mismanagement. Is there a specific type of case or legal challenge that you find particularly stimulating or rewarding?  

    As a lawyer you have to be always ready for a variety of briefs. A new challenge comes with every new case. According to me, the best way to start preparing for a matter is to first read and understand all the relevant provisions of law, the statutory mechanisms, the procedures and the legislative intent of that law. From this, it becomes easier to proceed in the matter. The next step would be to marshal the facts. This enables us to be the master of the brief. If there is a chink in the armor, then we must know it. Unless we have complete control over the facts, there will always be some room for doubt. The best part about law is that it keeps evolving, so we can always read more and improve the arguments. However, the facts remain constant. Knowing all the relevant facts beforehand is not only crucial for the initial stages of a legal dispute, but also for appeals and petitions against a bad order. 

    It goes without saying that every new case is rewarding as it brings new challenges and the opportunity to overcome them. It also brings the opportunity to learn and to be more informed, articulate, and proficient. If you deal in diverse matters, you can draw a corollary from other laws and apply them to the case in hand to compare where the relevant law does not cover a certain aspect. If you know more, you can create a more convincing argument.

    You’ve been involved in a diverse range of legal matters, from commercial litigation to arbitration. When you’re not deep in legal intricacies, what’s something about Palash that people might be surprised to learn? 

    As lawyers, we are required to constantly juggle between courts, conferences, office, and whatnot. Since the time is always limited, we must utilize it properly and wisely. I have been fortunate to work in the organizations where I was given the liberty to set my own deadlines and prioritize my tasks accordingly. This also gives me a chance to keep up with my interests and hobbies. On most weekends, I play cricket or badminton with friends or we just end up spending some quality time with great conversations and movies etc. Being away from the family, this is a great way to feel comfortable in midst of all the stress. During the court vacations, I plan my travels and to try to get away from all this hustle bustle and to just explore places and food! I also never miss the annual “Jashn-e-Rekhta” in Delhi. Something which is surprising about me needs to be asked from my friends and colleagues because I spent most of my time around them so I think they are in a better position to point out something which is not very common about me.

    Being deeply committed to your work, you mentioned missing the football world cup final for your exams. How do you balance your passion for sports, particularly football, with the demands of a legal career?

    As I said, lawyers need to juggle between things and it is not as easy for everyone to find a good work life balance. I have seen my friends working till midnight or after that as well, working on weekends, holidays, festivals and on many other occasions. But I think we can all learn how to manage our time and work. Our profession demands utmost dedication, however, post Covid-19 era, I have realized that deadlines can be pushed when it comes to the health and well-being of a person. I never compromise on my health, but I also never make it a reason for deliberately delaying any important work. There is a difference between needing some personal time and merely making excuses, and I learnt that as soon as I stepped into this profession. 

    Staying involved in sports activities also helps. For me, sports, even if you just watch it, is the best way to release all the work pressure and helps in rejuvenating. I am a football geek. I had planned to watch the UEFA Champions League Final in Istanbul in May 2020 but then Covid-19 happened and it ruined all my plans. Then again, I had planned to attend the Football World Cup Final in Qatar, 2022. This time again my AoR exam was on the horizon and that was of course the priority. The exam was scheduled on the very next day of the Finals between Argentina and France. It was a legendary match and since I had decided not to watch it at all, my phone was flooded with calls and texts from all my friends and colleagues who begged me to just watch the game for some time. I didn’t and I don’t regret that decision as I cleared the exam and became an AoR which is a bigger achievement for me.

    Despite all these, I keep a slot blocked either on Saturday or Sunday first half for the sports be it football, badminton or cricket. I think this much I deserve after working sincerely for the entire week.

    It’s admirable that you take on pro bono matters for those who face financial constraints in seeking justice. Can you share a rewarding experience from one of these cases that left a lasting impact on you?

    One of my seniors during my initial days in the profession told me very frankly that I should start my career by focusing on briefs rather than money. That the money will chase you if you justify the work. I kept his words in mind as I started taking up my own briefs and made sure to never focus on fees or ask for it before understanding the matter as well as the client. Someone once referred my name to a daily wage earner from a small village in Uttar Pradesh and told him that I won’t charge too much for his case. When I met that person, he told me how he had lost his child due to electrocution and the police had filed a closure report in the matter. He was desperate to be heard and so he offered some money in advance hoping to persuade me to take up the matter. I told him that I will take it once the matter progresses. In the end, we succeeded before the court and the person came back for my fees. I politely declined and told him to use it for his betterment. To this day, that person has referred numerous other briefs from his locality, and I think in a way, the advice from my Senior has really paid off. Also taking up a pro bono matter makes us understand the ground reality of the justice system in our Country. Not everyone can afford to engage big law firms and big counsels for their matters and the cases, despite being genuine, suffer due to the complex legal system and lack of resources. Every once in a while, if we can give them some representation and put our equal efforts for their best interest, we will understand why this is a noble profession. At the end of the day, everyone is entitled for just and fair legal assistance and as a lawyer I feel it is my duty to perform my part by doing whatever it takes and to the best of my abilities.

    In addition to your legal pursuits, you’ve been associated with different law firms and chambers. How do you define the role played by the chamber/firm/offices in shaping your career?

    I have worked with different organizations wherein I have worked for various clients. In this profession, working in a law chamber is very different from the firms. All these organizations have their own practice, procedure, work culture etc. which helps us to realize what is a best suited environment for us. This has played a very crucial role in my career as it helped me to decide how I want to proceed in the profession. Unfortunately, I have not worked with a Tier 1 firm but the boutique firms and law chambers have given me my career objective. My inclination was always towards the law chambers as they never had any specific or dedicated team for a practice area which helped me to have diverse cases and to be very frank and independent to appear, argue and appeal (in case anything goes wrong). I am grateful to the chambers where I have worked because there only, I realized my potential, my zeal and enthusiasm towards this profession. By no means I am trying to dishonor the working environment of the firms but I am just explaining how I have realized what is going to be the best recourse for my future.

    As someone who has cleared the Advocate on Record examination on the first attempt, what advice would you give to law students or aspiring lawyers who are navigating their early years in the legal profession?

    I always feel that I have always benefited from the advice and guidance of my Seniors in this profession. One has to grasp the good qualities from their Seniors which had benefited them in the profession. I still remember that during the initial days in the profession my Senior told me that I have to be thorough with the brief even if I have to take an adjournment in the matter. This helped me a lot as whenever I entered any court, I used to have my brief and a brief note on the matter so as and when if the judge is asking about the matter or even a date of event, I am in a position to answer the same without any hesitation and it will give an impression that the adjournment has not been sought just to delay the matter. Another piece of advice I received from my Senior was not to waste time while waiting for your matter in court. I was told to observe and hear the arguments in the court and see how different lawyers come up with their own strategy for making submissions and bringing fresh judgments which I might find useful in near future. This was immensely helpful during the preparations for the AoR exam as well. While I was preparing, I was hard pressed for time due to the ongoing matters, drafting etc. so I decided while waiting for my matter in court I will start making notes of the submissions of the lawyers to speed up my writing skills. In the end I feel that it worked to my advantage. 

    Get in Touch with Palash S Singhai-

  • From addressing safety concerns on railway tracks to environmental issues, his cases underscore the substantial impact on people’s lives – Jamshed Mistry, Independent Counsel and Founder of Internationallegalalliance.com Shares Two Decades of Legal Prowess, Innovation, and Social Impact

    From addressing safety concerns on railway tracks to environmental issues, his cases underscore the substantial impact on people’s lives – Jamshed Mistry, Independent Counsel and Founder of Internationallegalalliance.com Shares Two Decades of Legal Prowess, Innovation, and Social Impact

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

    Sir, over 2 decades you have such an amazing professional journey. During this you must have seen different varieties of legal domain. You have excelled in so many of them. I would love to hear your introduction, and also to know what inspired you to embark on this journey of law, particularly in the areas of international law, media and entertainment law and medicine.

    I appreciate your patience as I delve into the intricate details of my journey. Born and raised in the vibrant city of Mumbai, I initially pursued my education in Vienna, Austria, before returning to complete my commerce studies at Hr. College in Mumbai. Following this, I embarked on a journey into the world of cost and work accountancy.

    However, fate took an interesting turn when my maternal grandmother passed away, leading me to a chartered accountant. This changed the course of my life as he suggested exploring law as a career. Despite my initial reluctance, I enrolled at the KC Law College and later transferred to the Government Law College. The journey into the legal realm was unconventional but intriguing.

    A turning point arose when the chartered accountant insisted on me gaining practical experience. He guided me to Mulla and Mulla, Cragie Blunt and Caroe a prominent law firm, where I began my professional journey. Despite my resistance to the idea of working, I found myself donning formal clothes and stepping into the legal world.

    My initial years were a blend of studying, interning, and navigating through life. A significant challenge emerged in 1995 due to a legal matter that affected our exam results. This setback altered my plans for pursuing LLM, a unique twist in my academic and professional trajectory.

    Undeterred, I sought guidance from the head of the law department, eventually enrolling in a postgraduate diploma in labour law. This period of exploration and learning laid the foundation for my legal career, which officially began in 1996 when I joined another law firm and thereafter to independent Counsel practice.

    The advice to accept diverse legal work by my senior Mr. Sudhir Talsania, proved invaluable as I handled civil cases, ranging from Admiralty law to Motor accident claims. In 1998, involvement in a public interest litigation case marked my entry into this impactful aspect of law.

    My foray into media and entertainment law began post-college, where my interest in fashion and film grew. Organizing inter-college fashion competitions with friends and working backstage for shows provided insights into the industry. Back then, media and entertainment law was not a subject covered in academic curricula. Driven by curiosity, I took the initiative to approach these artists and request copies of their contracts. Surprisingly, in those days, there was a lack of privacy concerns, and artists willingly handed over their contracts. I accumulated contracts, including Michael Jackson’s, to gain insights into the intricacies of these agreements.

    As my legal studies progressed, I encountered instances where former Miss India sought advice from legal experts. This sparked a realization of the correlation between the fashion and media/entertainment industry and the legal intricacies involved. Amidst this exploration, the prevalent issue of entertainment tax emerged as a significant challenge, coexisting alongside the vibrant and dynamic world of fashion and entertainment. The journey of unravelling the legal aspects intertwined with glamour and creativity has indeed been both enlightening and entertaining.

    A significant milestone occurred in 2010 when I was sent to Canada for corporate work, marking the beginning of an association with the Canadian Bar. This international exposure broadened my perspective on legal practices and introduced me to the concept of transcripts.

    In 2016, recognizing the barriers geography posed to legal collaboration, I initiated the International Legal Alliance. The response from lawyers across 153 countries exceeded expectations, leading to the formation of a global network.

    Adopting a practical and economical approach, we leveraged virtual tools well before the pandemic, establishing a network that seamlessly operated across borders. Today, our initiatives extend beyond legal practice, including legal heritage walks and collaborations with Chambers of Commerce.

    This journey, spanning over a decade, has been a continuous learning experience, breaking barriers and embracing the evolving landscape of law. As we move forward, the possibilities seem limitless, and the blend of practicality and innovation remains the cornerstone of our endeavours.

    It’s truly fascinating how you’ve become an international presence in the legal realm, almost like a “doctors without borders” concept but tailored for lawyers, operating seamlessly in a virtual space. We’re keen to delve deeper into this innovative venture. However, before we proceed, I’d also like to explore your insights on the issues related to live streaming and transcripts. when did the idea for this platform emerge, and how did you envision such a unique space? Additionally, could you share the type of support and impact you’ve witnessed so far?

    Understanding how lawyers collaborate is key. My approach is unique – I cover the cost of the domain name and don’t charge our network members a fee. The goal is to bring colleagues together globally, recognizing the limitations of traditional law firms in covering vast geographical areas. Working across borders eliminates such restrictions, fostering collaboration on diverse cases. For instance, we recently handled a case involving a British national in Poland, showcasing the efficiency and cost-effectiveness of our approach.

    During the pandemic, we aided a businessperson in validating a contract with an African entity. Collaborating with our network, we conducted due diligence and uncovered fraudulent activities, saving the individual significant financial loss. This highlights the practical benefits of our global legal alliance.

    Regarding live streaming and transcripts, the idea struck me while watching a news report on the case filed by Senior Advocate Indira Jaisingh in the Supreme Court. I realized the need for legal transcription, having previously written about its importance during the Kulbhushan Jhadav case in the International Court of Justice. The Karnataka State’s subsequent endorsement and implementation of guidelines underscored the significance of transparency. Demonstrating the functionality of transcripts using a free AI app for the Supreme Court Committee garnered positive results. Now, with the government funding a multi-year plan, we anticipate positive changes in our legal system, emphasizing the crucial role of transcripts in preserving court proceedings.

    Delving into legal history, I discovered the earliest transcribed judgment in Para 6 of Bal Gangadhar Tilaks case in 1908!! This finding prompted me to advocate for the revival of transcripts, essential for legal accuracy and accountability. Impressively, our efforts have inspired change beyond borders. A colleague from Pakistan embraced our model, leading to their Supreme Court adopting live streaming and transcripts. These endeavors exemplify how small initiatives can influence legal practices globally.

    What kind of impact has your career had on society, and how it has brought in a lot of milestones in your career, emphasizing the wealth of knowledge you’ve accumulated rather than just financial gains? Could you share insights into your journey as an independent counsel and the experiences that have shaped your professional trajectory?

    Returning to my journey, I was clear about my aspiration to be an independent practitioner and counsel, realizing the importance of autonomy. While this path offers flexibility, it also brings challenges, requiring self-guidance. In the initial stages, having a mentor was beneficial, but being your own master is a unique experience. Aligning with various lawyers and law firms in Bombay broadened my exposure, allowing me to learn different styles and crafts.

    My practice, especially in public interest litigation, addressed various crucial issues. Cases ranged from safety concerns like people falling off suburban railway tracks to environmental issues such as air pollution. Advocating for persons with disabilities became a significant focus, addressing gaps in facilities and recognition under the Disabilities Act. I even argued against my own school in a case concerning learning disabilities, leading to important guidelines.

    Among the impactful cases was one involving poor and indigenous patients denied treatment in a public charitable hospital. Through legal intervention, we established a scheme where a percentage of monthly income was set aside for indigent patient care. Another noteworthy case was Nikita Mehta’s abortion case in, where we had to rely on British precedent to persuade the court to form a committee. What we argued then, eventually became the law several years later.

    Currently, I am involved in the ongoing “potholes case,” addressing road safety issues. While the impact of these cases on people’s lives is substantial, I believe that, collectively, lawyers should strive to contribute positively to society, upholding the notion of law as a noble profession.

    I couldn’t help but notice your involvement in various social causes and organizations beyond the courtroom. Could you shed some light on the causes that hold a special place in your heart and the initiatives you’re particularly passionate about? Additionally, I’m curious to understand how your commitment to these endeavors impacts both your career and personal life.

    First and foremost, I owe a huge thank you to my wife and children who have been incredibly understanding and supportive, allowing me the freedom to engage in all these pursuits. Balancing family life while being deeply involved in various causes is crucial, and her support has been invaluable.

    As the kids have grown, finding this balance has become more manageable. Enjoying both work and personal life is essential. Personally, I find solace in the traditional approach of using hard copies and making notes, a practice not everyone may agree with in this digital age. There’s a unique magic in handling physical documents.

    Public interest litigation has enriched my understanding of diverse areas I was previously unfamiliar with. The ability to rapidly assimilate information, honed through legal practice, has proven invaluable. I still relish reading up on legal matters while travelling, bringing that knowledge straight to the courtroom.

    I’m an avid music listener, finding it to be a relaxing escape. I used to play a musical instrument not too long ago, adding another layer of enjoyment to my life. Maintaining a conscious separation between courtroom intensity and personal life is crucial. Once a case concludes, it’s essential to leave any conflicts or stress within the courtroom or, at most, within the professional sphere.

    Over time, I’ve learned to manage stress and worries associated with cases. Experience has taught me not to carry the burden beyond its necessary scope. Engaging in various organizations, from the Lions Club to the Rotary Club and Chambers of Commerce, has provided a broader perspective and added value to my life. I’ve come to view these engagements on par with the significance of my law practice.

    Exploring spirituality and relishing good food are additional aspects I find joy in. These facets contribute to a well-rounded life and play a role in making important decisions. Overall, the blend of professional commitment, personal interests, and active engagement in various communities has made my journey truly fulfilling and interesting.

    Your expertise and involvement with the South Asian Fashion Week and the international South Asian Film Festival have become apparent, especially considering your background in media and entertainment law. You’ve shared about reviewing contracts for renowned stars. How did this passion for fashion and film evolve, and how do you envision the future intersection of law with these dynamic creative industries, especially in the rapidly evolving landscape of AI and technological advancements?

    Starting from my college days, I’ve had a keen interest in working with fashion, initially at an amateur level and later professionally. I even did backstage work for a renowned choreographer like Hemant Trivedi many years ago. It’s quite amusing to reflect on it now, realizing that there might be very few lawyers who have experience working backstage in the fashion industry.

    What’s fascinating is that the law itself is remarkably creative. It’s a misconception to label it as mundane; there’s an inherent creativity to it. Learning from the creative industries is crucial, and there’s a significant balance required, especially for someone like me working in media and entertainment law. As a media and entertainment lawyer, I cover a wide range of areas, including intellectual property rights, contracts, design, arbitration, mediation, and even criminal law aspects.

    Some of the highest-paid lawyers globally are in the media and entertainment sector. Additionally, there’s a remarkable international similarity in this field, transcending jurisdictional boundaries. The dynamics of the industry bring forth unique challenges and opportunities. I’ve been involved in notable initiatives, such as facilitating the audio-visual co-production treaty between India and Canada. These experiences involve engaging in discussions and negotiations, contributing to what can be considered a form of soft skills diplomacy. Cultural arbitration and mediation might be the next significant developments in resolving disputes between countries.

    You’ve shared your journey into the field of law with us, detailing how you arrived here. Undoubtedly, along the way, you encountered various challenges. Can you elaborate on how you successfully navigated through those obstacles? Furthermore, what advice would you offer to individuals treading a similar path? Considering that anyone venturing into law is likely to encounter certain challenges, what guidance would you provide for overcoming them?

    Each individual possesses unique talents, areas of expertise, or gifts that define them. Identifying and acknowledging these aspects swiftly is crucial. It is imperative to align your pursuits with your intrinsic interests and inclinations. In the early stages, exploring diverse areas of interest within the legal domain is advisable. The legal profession is dynamic and ever-evolving; what holds true today may not necessarily be applicable tomorrow.

    As a law student, the primary objective is to immerse oneself in the learning process, absorbing as much knowledge as possible. Post-education, there are varied career paths available, such as joining a legal chamber, opting for corporate law, pursuing litigation, or combining elements of both. Even for those in smaller towns, there is immense potential to excel as a trial lawyer and contribute significantly to the legal landscape.

    Indians, in particular, possess an innate ability to think on their feet, a valuable trait in legal practice. Unlike some international counterparts who strictly adhere to established practices, our legal system often demands quick thinking and adaptability. Exposure to courtroom proceedings is invaluable. Nowadays, with the convenience of online platforms like YouTube, observing court sessions globally is more accessible than ever.

    Experience remains unparalleled in its educational value. The ability to navigate unforeseen challenges, drawing from a reservoir of past encounters, is the essence of true expertise. Reflecting on previous cases and applying lessons learned adds a layer of depth to one’s legal acumen. Knowing when to assert an argument, when to yield, and when to remain silent are indispensable skills acquired through experience. In essence, experience equips a legal professional to handle any situation, whether or not they had the foresight to prepare for it.

    Looking ahead, how do you envision your professional and personal pursuits unfolding in the next few years? Could you shed light on specific goals you have in mind, particularly considering your deep involvement in social causes and other facets? Given your leadership role in the international legal alliance, what projects do you anticipate spearheading in that capacity? Your insights on the future trajectory of your endeavors would be greatly appreciated.

    I consider myself a go-with-the-flow kind of person. While I can’t predict the future with certainty, I am optimistic about the progress we will make, particularly in India’s legal landscape. It seems we are on the brink of something significant, especially in terms of fostering international collaborations and constant interaction between nations. My vision involves exposing a greater number of young lawyers to diverse legal practices worldwide, which I believe would be a remarkable achievement.

    Additionally, there is a need to establish a legal resource centre distinct from traditional legal aid services. This centre could serve as a comprehensive online platform, offering resources such as law journals and information on various legal domains. Many individuals faced with legal issues often struggle to categorize them under criminal or civil law, let alone identify specific areas like consumer disputes or matters falling under the NCR. This lack of clarity can be overwhelming for those unfamiliar with the legal system.

    While such resources are available online, there is a crucial need to correlate and organize them comprehensively. This would significantly ease the process for litigants, allowing them to approach lawyers with a clearer understanding of their issues, thereby reducing the time spent explaining their situation to legal professionals. Establishing such a system across India would prove immensely useful and beneficial for both lawyers and those seeking legal assistance.

    Get in touch with Jamshed Mistry-