Super Lawyer

Tag: Supreme Court

  • Prasenjit Keswani, Advocate, on establishing independent practice and his diverse experience

    Prasenjit Keswani, Advocate, on establishing independent practice and his diverse experience

    Prasenjit Keswani graduated from Campus Law Centre, University of Delhi, in 1999. With over eighteen years of experience in litigation, he has handled a variety of matters in different forums including the Supreme Court, Delhi High Court, National Green Tribunal and National Consumer Disputes Redressal Commission.

    In this interview we speak to him about:

    • His early years as lawyer in litigation practice
    • His experience in various courts
    • Building independent practice

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am a lawyer with eighteen years of experience practicing before the Supreme Court of India, Delhi High Court, NGT and NCDRC. I have my own practice which includes work from direct clients as well as briefing from law firms and individual lawyers.

     

    WHAT MOTIVATED YOU TO PURSUE A CAREER IN LAW AFTER DOING BACHELORS IN BUSINESS STUDIES FROM DELHI UNIVERSITY?

    BBS was a unique course by the Delhi University offering Bachelors degree in Business Administration. We had various subjects relating to Business Laws, which included subjects like Contract Act, Companies Act and regulatory compliances. This got me interested in law.

     

    HOW WAS YOUR EXPERIENCE AT CAMPUS LAW CENTRE , DELHI UNIVERSITY?

    Campus Law Centre had a good course structure and some of the professors were prominent personalities in their field and hence attending their classes was a great learning experience. Also, it was a lot of fun being in North Campus.

     

    WHAT ARE YOUR AREAS OF INTEREST?

    My areas of interest are constitutional law, commercial laws and alternative dispute resolution.

     

    HOW DID YOU DECIDE TO CHOOSE LITIGATION OVER TAKING UP A CORPORATE JOB? HOW WERE YOUR EARLY YEARS AS A LAWYER?

    In 1998, I joined a law firm AP& J Chambers as an intern. In fact my intent was to work as a corporate lawyer. The firm also had Supreme Court litigation and I started attending Court, which got me interested in litigation and immediately after graduating in 1999 I joined APJ and started working on the litigation side. I worked in AP & J Chambers till 2003. There was lot of independence and it was a happy work place. Handling matters independently was tremendous learning experience and I got opportunities to appear on my own in firm matters. I was quite fortunate to have good mentors at the initial stage of my career Mr. Joseph Pookkatt and Mr. Prashant Kumar, Partners of APJ and thereafter my senior Justice Uday Lalit.

     

    YOU WORKED UNDER THE GUIDANCE OF JUSTICE U.U. LALIT IN THE EARLY YEARS OF YOUR CAREER. HOW WAS THE EXPERIENCE OF WORKING WITH HIM?

    It was a tremendous learning experience. He was very interactive and he would discuss with his juniors at length, the different facets of law. While in his chamber one got to understand how to approach a brief and understand the finer aspects of law. It was an intellectually enlightening experience. In his chamber we would get diverse and important matters, which gave us excellent exposure. I worked with him for seven years before starting my own practice.

     

    HOW IMPORTANT IS IT TO HAVE A MENTOR FOR A YOUNG LAWYER IN THE EARLY YEARS OF THE PROFESSION?

    It is very important to get a good mentor more so when one does not have a background in the legal profession, like I didn’t have. I got very good mentoring from my seniors. In the early stage of ones profession it is important for young lawyer to get the self-confidence and self-assurance, which a good mentor can give his juniors. It is also important to develop the skill set in the legal profession as also the right value system.

     

    WHAT WERE THE STRUGGLES THAT YOU FACED IN BUILDING YOUR INDEPENDENT PRACTICE?

    Any lawyer would tell you that there are no shortcuts to success or developing a practice. Coming into the profession without a background was a struggle to get cases. I was lucky that my sister Advocate Avantika Keswani was two years senior to me in the profession working with Karanjawala & Co., so I was able to get acquainted with the profession because of her and I got my first internship because of the ground work she had laid down in the profession.

    It took me two years to get my first independent Supreme Court case but by then I had international commercial arbitration that helped me tide over the struggles of the initial years.

    If you stay sincere, people start coming to you with cases and lawyers from the High Court start giving you cases, which is very important for Supreme Court practice. At no stage in the profession there is any scope for laxity.

     

    WHEN YOU HIRE A JUNIOR, WHAT QUALITIES DO YOU LOOK FOR?

    As I said sincerity is the most important factor in the profession and any lawyer who is sincere and dedicated and takes pride in his work as a professional is bound to do well. So, these are the qualities that I look for in a junior.

     

    HOW IMPORTANT ARE INTERNSHIPS FOR A LAW STUDENT ?

    I think an internship is very important as it exposes a law student to the manner in which the profession works and it also helps him or her to identify their area of interest. Further, in an internship I assign work to the interns so that they can also develop practical skill set like drafting, researching which is usually not covered in the legal curriculum.

     

    THERE IS A LOT OF DISCUSSION ABOUT NATIONAL LAW SCHOOLS AND TRADITIONAL LAW SCHOOLS. WHAT’S YOUR TAKE ON IT?

    National Law Schools have definitely brought about a lot of professionalism in the manner law education is imparted. However, even the traditional law schools like ILS Pune, GLC Mumbai etc., have always had a good environment and we see their students doing very well. Ultimately, I think it depends on the student on how to take benefit from his curriculum and teachers to learn and develop as a lawyer.

     

    PLEASE TELL US ABOUT ONE MATTER THAT YOU HAVE WORKED ON THAT HAS LEFT A LASTING IMPACT.

    An important case in my career was the Indian Hotel & Restaurant Association Vs. State of Maharashtra case also known as the Bombay Dance Bar case. This case allowed me to apply the principles of constitutional law to a fact situation, like right to livelihood and privacy embodied in Article 14, 21 and 19(1)(g) of the Constitution. Apart from being a prominent case, it was also a good learning experience.

    Another case, which was an important milestone in my career, is V. Subramaniam Vs. State of Maharashtra where I argued before the Supreme Court and got Section 69 (2A) of the Partnership Act as applicable in Maharashtra declared as unconstitutional.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO LAW STUDENTS WHO ARE ASPIRING TO LITIGATE AFTER GRADUATION?

    My advice would be to work with sincerity and to have an attitude to learn and develop your skill set as a lawyer. Money is important but initially the approach should be to learn and give your best to every task or case that you are working on.

     

     

  • Pinky Anand, Additional Solicitor General of India, on studying at Delhi University and at Harvard, and on the formative years of her career

    Pinky Anand, Additional Solicitor General of India, on studying at Delhi University and at Harvard, and on the formative years of her career

    Dr. Pinky Anand is considered one of India’s top lawyers. She is the current Additional Solicitor General of India and a Senior Advocate. An alumna of the Campus Law Centre at Delhi University, she went on to pursue her LL.M from the prestigious Harvard University on an Inlaks scholarship in 1980. She recently came out with the much acclaimed book, Trials of Truth which is available on Amazon. In conversation with Manushi Desai, she shares her experience as a lawyer and the formative years.

     

    How were the formative years which resulted in such a strong yet warm personality?

    My parents were married very young. My mother’s sensible nature has rubbed on me and so has my joint family’s sharing and caring nature. I have grown up in the streets of Old Delhi and have fond memories of sharing everything with my family which is my support system and I greatly believe in the idea of balance which my family taught me. I further studied in a convent school and the values of discipline and good virtues were inculcated very firmly in my outlook. I endeavoured to participate in all extra curriculars, especially during the law faculty days where I was the student leader within BJP as well.

     

    How was your Harvard experience?

    It was an ambition to go to Harvard and I achieved it by providing a systematic approach. I was inspired by the movie Paper Chase based on Harvard. I applied for Rhodes actually, I did not get the Rhodes, however, the Rhodes committee recommended me to the Inlaks foundation and that’s how I got into Harvard. Years later, I was called back to Harvard to give a lecture which is when I stumbled across my thesis in the Harvard library archives which is a must read even now to know more about the concept of public policy in arbitration.

     

    How were the initial years as a lawyer?

    I am a first generation lawyer. After marriage, circumstances were different since my husband is a lawyer, my father in law is a lawyer, but the intial years were not the same. I did not have any benevolent hand in that sense which is quite a necessary part. However, I did not have as bad a struggle as I should have is because my friend Geeta Luthra, who is a senior advocate now and I started practice together. It was very unknown of women partnering with each other in the profession.

     

    How did you join politics?

    My tryst with politics started when I joined ABVP as a law student and contested the prestigious Delhi University Students Union (DUSU) elections. However, when I went to Harvard and later partnered with Ms. Geeta Luthra, politics took a back seat. This changed later when I headed the BJP National Legal Cell as the first woman convenor which gave me a chance to change people at a grassroot level.

     

    You have risen high in your domain and have even been named as India’s top influential women in a book. How was the struggle been?

    The principle struggle is not being a part of the old Boy’s club. There is also a prejudice against engaging women counsels. However, beyond a point when you prove yourself, you actually were acknowledged. You have to continue to be twice a man. So the demonstration effect and the visibility or your proving your mettle is something which has to be done at the first degree level. Having done that, you need to have people who kind of support you. My family is a very big support, my in-laws are very supportive and I think that’s a very important feature too, because professional life is a tough one.

     

    What was the tipping point in your career?

    I fondly state my tipping point to be the retainership we had from a Marwadi business group through which I got exposure to various kinds of cases. It proved that you learn far more on your feet than you learn from any text book. We got a wide exposure to wide variety of cases from that group not only in Delhi, but in various parts of Delhi. We used to go to various even district courts and in fact I think even trial courts.

     

    Why practice in trial courts when you could, as a Harvard graduate, have easily started in the Delhi High Court or Supreme Court?

    Trial courts are great fun! I think you learn the most there and you have to understand the set up of what law is about and how law is made. For young lawyers, you are trusted far more with the trial court cases than you are with Higher Court cases- so it was a relation you build- you go up the ladder. The ladder is a very slow one, like snakes and ladders – you go up and then you sometimes come down.

     

    What is the secret sauce to your success?

    I believe in confidence and determination apart from the support of your loved ones. There is constant juggling of the work life balance but it is important to set goals and challenges and strive to achieve them as well.

     

     

    This interview was taken by Manushi Satyajeet Desai. Do read her blog at desaimanushi.blogspot.in and follow her on @manushidesai on twitter and instagram.

  • Kabir Dixit, Advocate-on-Record, Supreme Court of India, on independent practice, litigation, and working in corporate firms

    Kabir Dixit, Advocate-on-Record, Supreme Court of India, on independent practice, litigation, and working in corporate firms

    Kabir Dixit graduated from Campus Law Centre, Delhi University, in 2006.  Subsequently, he worked in the chamber of now Solicitor General of India, Sr. Advocate Sh. Ranjit Kumar for a year. Thereafter, he worked full-time for two years, and part-time for five years with KSB Partners (now SB Partners), with special mention for Mr. Kilanbi Singh Bedi. He has been engaged with litigation since then.

    In this interview we talk to him about:

    • His experience as an AoR
    • The importance of working with a law firm in order to understand the judicial process better
    • His experience in litigation and at a law firm

     

    Tell us about your time as a law student.

    I ventured into law at a time when the discipline was considered a back-up option for failed engineering and medical aspirants. This was also a time when the NLU phenomenon was taking over the legal industry. In law school, I interned with Trial Courts, Centre for Study of Developing Societies, and certain law firms which did not deal with Corporate Law.

    In my first year after graduation, I worked with Sh. Ranjit Kumar who was a Senior Advocate then (now Solicitor General of India). He was a one man army and it was astonishing and encouraging to see how much a single person could achieve while sitting alone in a room, reading case laws and preparing matters at hand. However, because he did not ever feel the need for associates or interns, I probably could not contribute as much as I would have liked to.

     

    What motivated the shift from litigation to a law firm?

    Taking up a law firm job was mostly because of the necessity to pay living expenses in a city like New Delhi (remuneration with Sh. Ranjit Kumar was negligible and the law firm paid a lot). In the firm, I was earning equal to what my father earned while working as a Central Government employee. In addition to the monetary incentives, I also felt like I was making a more substantial contribution as the firm had just started out.

     

    How did you move back to litigation again?

    Inside my heart, I always wanted to pursue Litigation. I took a sabbatical of six months and went to my hometown to decide what to do further in life. A friend of mine made me meet Mr. Jaideep Narayan Mathur (then Additional Advocate General of Lucknow) and I joined him. There, another mentor of mine was his brother Mr. Dhruvi Mathur, from whom I learnt a lot. Both of them were top counsels and the experience was supremely exciting. The level of competence from colleagues was excruciating and the talent pool was amazing.

     

    How challenging was the experience of setting up independent practice and working in Delhi?

    I was very sure that I wanted to settle in Delhi and also that I wanted to work in the Supreme Court of India as I used to look up to Mr. Rohinton F. Nariman (who was also from my college). Practising in Delhi was culturally different than in Lucknow and a tad bit more competitive as high value matters were entrusted upon Senior Advocates and not young lawyers. However, I had good bit of work from the side of U.P. Govt as I was on its Panel of Advocates, but I wanted to help out individuals with their cases.

    The struggle of setting up a practice was to make others understand that you are a competent advocate. Such an impression can be created by a lot of material things like fancy cars, a lavish office, a Mont Blanc pen, foreign holidays, etc. and this is the reason why you can see a fleet of luxury cars in the SC parking lot on any given day.

     

    How did you crack the AoR exam?

    Till 2015, my private work grew and I started to lose interest in government side work. I always wanted to be an AoR at the Supreme Court and I took a shot at it in 2015. My conceptual clarity of laws taught during law school and experience in litigation helped me crack the exam in one attempt. I also think the way you write your answers determines your success.

    I was elated and overwhelmed to become an AoR and the fact that I was registered with the Supreme Court of India. Many new opportunities came my way as I was retained by PSUs and a couple of corporate. Also, I was treated specially by clients, and more recognition for work came towards me.

     

    What would be your advice to young law students?

    Students should have the sense of excitement and hunger and zeal to learn more. Command over the English language certainly helps, so if you don’t have it, make efforts in that direction. Don’t focus on money, be patient as money will eventually come, but give due importance to money. Also, entering into litigation, the stress free and thrilling environment (something new every day) makes work seem fun and you don’t need a foreign country holiday to rejuvenate. Life at litigation is a marvelous experience.

    I definitely provide internship opportunities to law students, they may reach me on  LinkedIn and send in their applications wherein I make sure that they learn drafting legal documents and researching case laws.

     

  • Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui graduated in law from RMLNLU, Lucknow, batch of 2012. He has since then served as Convener to the Legal Aid Committee, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. He is currently advocate at the Supreme Court of India, with over four years of litigation experience. A first generation lawyer, Siddiqui believes that enabling access to the legal system lies at the core of his practice. He has also just begun independent practice.

    In this interview we speak to him about:

    • Deciding to pursue law despite family pressuring otherwise
    • His life, curriculum and extracurricular engagements in RMLNLU
    • His tremendous contribution to the Legal Aid Committee, and setting up a paralegal system of assistance in his university
    • His belief that at the core of litigation lies the intention to enable access to justice for all

     

    What would you like to say to our readers in the manner of an introduction of yourself?

    I am just a struggling lawyer who has faced and is still facing all the struggles that a young lawyer faces during his initial days.

     

    What inspired you to take up law? Did you have to deal with any resistance from family or friends while making that decision?

    Law was never really my first career choice. As any other teenager, I was pressurized into taking science at 10+2 level. So I also opted for PCB and as a natural progression I appeared for medical entrances, couple of which I miraculously cracked as well. However, I was never really interested in becoming a doctor. My family, especially my mother and my uncles, were really supportive, although my father had his apprehensions. The main idea behind opting for law as a career choice was that it gave me the freedom to read and know everything. A law student is never limited to reading law only. Law as a course satisfied my intellectual craving.

     

    Tell us about your life as a law student at RMNLU.

    Life in RMLNLU was more fun than work. I was never a studious student. However, law school gave me a platform which shaped my personality. When I entered law school there wasn’t much “law school culture”. As we were the second batch and the admissions were not through CLAT back then, the law school culture was absent. There wasn’t any mooting culture or any co-curricular activities. I had resolved from the very first day in RMLNLU that I will utilise every opportunity that this place provides. Much credit goes to La Martiniere Boys’ College, Lucknow, also for giving me the confidence to take initiatives. So with time things got streamlined and RMLNLU was a strong force among the law schools. We were fortunate to have some really good faculty like Prof. A.P. Singh, Prof. K.A. Pandey, Prof. Manwendra Tiwari, etc. The then Vice Chancellor Prof. Balraj Chauhan was also very supportive of the students. We started participating in mooting activity without much guidance. We learnt from our mistakes. In a nutshell, the life at RMLNLU gave me the confidence to lead and be vocal about my opinion.

     

    What are the causes you feel strongly about? How have you used you legal expertise in working towards them?

    So when I was forced by my father to leave Lucknow and practice in the Supreme Court, he asked me to be a means for the poor to access the highest court of justice. He told me that I should never say no to a brief just because the client cannot afford to pay fees. I myself having been involved with the free legal aid movement felt strongly about the same. So today most of the cases I fight are for those who generally don’t have the resources to access the justice system. I frequently represent the people declared as foreigners by Foreigners Tribunal in Assam. I also feel very strongly about the arbitrariness of government or its failure to control the fringe elements hell bent on destroying secularism in our country. Same is my view about the nepotism that is prevalent in the judiciary even though I myself belong to the same fraternity. So in this regard I have filed, strategized and appeared for causes pertaining to the same.

     

    Throughout your time at college you have enjoyed authoring essays and papers. How did you find an affinity for legal writing? How do those skills help you in your career today?

    The affinity for legal writing stems mainly from my interest in literature. I read a lot and a natural progression of reading a lot, is writing. Honestly, most of the essays and papers authored by me were more because of the pressure from a friend or for building up a strong resume. So the skills that I developed in law school now help me in drafting. Before becoming independent I have worked with three Advocates On record. The major part of the job profile while working as a junior to an AoR is drafting and this is where my prior experience of legal writing came in handy. Also, before writing any article or essay one needs to think a lot on the issue along with researching, these two skills are very important while drafting an SLP or Writ.

     

    You have participated and placed in several MUNs, moots and held several organizational positions during your time at law school. What did you learn from these activities?

    Mooting taught me to think like a lawyer and it took out the fear of public speaking or appearing before courts. In moots as well as in courts, you need to have spontaneity, an ability that developed due to my participation in moots and MUNs. I was lucky that I got the opportunity to appear before the Supreme Court in my initial days and I was not hesitant about arguing a matter anywhere. As far as holding organisational positions is concerned, I learnt leadership as well as being a team player from the same. The underlining factor of my participation in different committees was the idea of giving back to the institute. Any educational institution is known by its students and it was just a duty upon us to take RMLNLU forward and create a brand.

     

    What do you think the present status of legal aid is in India?

    (Anas has served as convener to the Legal Aid Committee for three years, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. )

    Last evening I had a chance to watch the video directed by Prakash Jha promoting legal aid in the country. NALSA is reinventing itself and is doing a great job. Having said that, it is very disturbing that most Indians even today don’t have access to justice. People are scared of going to courts or dealing with lawyers. This issue needs to be resolved and it can only be done by making people aware of their rights. My initiative was mostly inspired by the fact that as a kid I used to attend the legal aid clinics organised by various District Courts in Uttar Pradesh under the aegis of UPSLSA. My father was also a member secretary and their motto was “Nyaya chala Nirdhan se Milne”. I was greatly helped by Justice Sudhir Saxena who was then the Member Secretary of UPSLSA when we were trying to establish the Legal Aid Committee. As far as students’ contribution is concerned, I am really happy to announce that the Legal Aid Committee at RMLNLU has started a paralegal program and many students have joined the same. They sit at the assigned place right outside the university campus daily and provide legal aid to the needy. If the same model gets implemented in all law schools, it could be revolutionary.

     

    Could you share with us some of the highlights from your experiences as an intern during your legal education?

    I was lucky to intern in three major sectors like NGOs, corporate houses and litigation. The three sectors are very different from each other. While interning at Aman Biradri, I got a firsthand experience of the suffering of the street children. During my stint under Mr. Yashowardhan Swarup, I learnt about the intricacies of litigation, especially how to deal with a client.

     

    What motivated you to choose litigation over your other options?

    I am very old school. Litigation was my first choice. I firmly hold the belief that litigation is a service, and not a business. The idea that my skills can be utilised for those who have no access to justice was in itself a great motivation.

     

    As a litigating lawyer having worked on several cases, could you share with some of the judgments you have read that have shaped you as a lawyer.

    It may sound clichéd but the minority judgment of Justice H.R. Khanna in the ADM Jabalpur Case had a profound influence on me. Another Judgment that I find to be of great motivation is that of Brown vs. Board of Education, a judgment rendered by the U.S. Supreme Court ending racial segregation in educational institutions. Apart from judgments, two books that I feel every lawyer, especially young lawyers must read is Roses in December by the inimitable M.C. Chagla and Before Memory Fades by living legend Fali.S. Nariman.

     

    The first few years after graduation are considered to the most challenging . How are you coping with these challenges?

    It’s true that the first few years after graduation are most challenging especially if you’re in litigation and are living away from family. I remember travelling in DTC buses for two years and trying to cut expenses. Work is hard to come by, money even harder. Also, law school is a very protected environment whereas the world outside is harsh. Survival is a challenge. I have seen my friends and colleagues leaving litigation for good in their initial years. The only way to cope with these challenges is by constantly reminding oneself of the objective that one has in mind. One must also not let anyone dissuade you from your aim. When you enter litigation you earn much less and work harder than your friends working in a law firm or a corporate house. It becomes difficult to not give in to frustration and despair. One must remember that patience and perseverance is the key.

     

    You have argued before the High Court and Supreme Court.  How do you prepare yourself before an appearance?

    I read. I read my brief at least two to three times before standing at the bar. Also one must learn from what to say and even more importantly, what not to say in court. This is something that only comes with experience. Also one must always prepare case notes and do independent research beyond what is given in the brief. The art of advocacy is very much like acting. You need to get into the shoes of your client. You need to imagine all the possible queries from the bench. In the Supreme Court, you don’t get much time to put your point across so you must be very careful while choosing your opening lines.

     

    What has the experience been like working at the office of Adv. Ejaz Maqbool?

    Ejaz Sir was my first senior. He is known to be a hard taskmaster. He was very particular about grammar and I learnt whatever little drafting I know from him. He believes that the only way to work is by actually doing work, which is why he would often push us into difficult spots, just so we may learn in the process. I was lucky to have been a part of some very important cases like the Sohrabuddin Encounter case, Gujarat Lokayukta Case, etc. Ejaz Sir’s office is rife with opportunity.  Most importantly, I was lucky to have some really good senior colleagues who taught me a lot. I owe to them much more than I owe anyone in the profession.

     

    Tell us a bit about the nature of work you did at the office of Adv. Fuzail Ahmed. What does a typical work day look like for you?

    Fuzail Ayyubi’s office was like a home to me. I worked there for more than three years. Fuzail Sir’s office gave me the freedom and confidence to trust my work. Also the variety of work there was a huge factor in developing my legal acumen. I have never seen a lawyer as calm as Fuzail Ayyubi. In my three year long stint in his office I rarely saw him angry. A typical work day started with going to the Supreme Court to attend the matters and coming back to office and working on the matters to be prepared and drafted.

     

    Congratulations on starting your independent practice as of 2017! What prompted you to take that step?

    It was the motivation of Fuzail Ayyubi and support of Mr. Sanjay Hegde, Senior Advocate, that gave me the confidence to start my independent practice. Sanjay Sir has been really magnanimous to let me operate independently from his office under the British Chamber System. This is a very novel experiment that he is conducting and is a really good opportunity for young lawyers like me. I have been practicing exclusively in Supreme Court for a long time and now I intend to practice in other courts and tribunals. I will continue with my social justice litigation alongside commercial litigation and arbitrations.

    What would you like to say to our readers who are mostly students and young lawyers, as a parting message?

    To students I would like to say that the opportunities that you get in law schools shape your personality. Do everything that law school offers. Participate in moots, write research papers and get them published. You’ll never get such an opportunity again. To lawyers younger than me I’ll tell them that lack of means is no excuse. Anyone who works hard will eventually succeed.

     

     

  • Dilip Annasaheb Taur, Advocate on Record, Supreme Court of India, on humble beginnings and work experience in Criminal and Civil Litigation

    Dilip Annasaheb Taur, Advocate on Record, Supreme Court of India, on humble beginnings and work experience in Criminal and Civil Litigation

    Dilip Taur is a graduate in law from MP Law College, Aurangabad, batch of 2003. He subsequently went on to pursue a master’s degree in law from Mumbai University. Born into a family of agriculturalists, Dilip braved all odds to become a first generation lawyer. Astute in both civil and criminal law, Dilip has fought and won several crucial high profile cases in the past. He is perhaps known best representing former Maharashtra Home Minister Madhav Kinhalkar in the controversial case of paid media charges pressed against former Maharashtra CM Ashok Chavan.

    With an illustrious career spanning over a decade and a half, Dilip has had experience in all levels of judiciary in India. Currently, Dilip owns and heads Dilip Taur & Associates, a legal firm that deals in filing cases at the Supreme Court of India, High Court of Delhi, National Green Tribunal, Delhi (NGT) and the National Consumer Redressal Commission (NCDRC).

    In this interview, we speak to him about:

    • The importance of getting a hands-on experience in legal procedure versus classroom curricula
    • His experience practising before numerous fora, across all levels of the judicial hierarchy
    • Battling pressure in high profile lawsuits
    • His inspiring journey from a small village in Maharashtra to the Supreme Court of India

     

    You graduated from MP Law College, Aurangabad. Can you tell us something about the experience?

    I hail from the rural pocket of Marathwada. MP Law College was one of the only options available to me, owing to lack of resources and its proximity to where I lived. The college was not at par with other law colleges in the state such as GLC Pune or Mumbai. I was also fairly irregular in class as I was trying to focus more on practice-based learning by attending court sessions frequently.

     

    How did attending court proceedings regularly, as opposed to attending class, impact your learning?

    During my college days I would regularly attend JMFC and sessions court. I used to maintain a court diary and would follow senior advocates’ case dates without even knowing them. I used to attend every hearing of important cases. In fact, this experience helped me a lot with my education. The impact of court attendance was such that I was very confident while taking my college exams. I never felt like I was missing out on much by not attending classes in college.

     

    What is the importance of regularly reading judgments?

    Reading judgements has helped me understand the law, technical difficulties and procedural lapses while dealing with cases. It helped me grasp the various nitty-gritties of law and established legal principles which have been upheld by the Supreme Court. It boosted my confidence when I was drafting cases on my own. Law is constantly evolving and reading judgements helps you stay updated on ongoing developments in the field. I would advise all students of law and amateur lawyers to read judgements regularly in order to understand legal procedure better.

     

    You thereafter practised in the chamber of Mr. Raja Thakre in the Mumbai High Court. Tell us about the most memorable case you dealt with there.

    One of the most memorable cases I dealt with under the tutelage of Mr. Thakre was an application seeking custody of my client’s stolen property. Mr. Thakre guided me through the procedure and was very encouraging. He also gave me the chance to make an appeal to the High Court, which was my first appearance in the High Court.

     

    How did working in the chamber of Mr. Raj Thakre make you aware of the difference between being an intern and being a practising lawyer?

    During my time working in his chamber I realised that I should concentrate on drafting cases and work on my arguing skills. I would listen to him with rapt attention whenever he was arguing in court. I also learned a lot from my other senior colleagues whose expertise in the field of criminal law was edifying.

     

    Tell us about the skills you picked up during your time with Mr. Thakre, and how that paved the way for your litigation career.

    When I joined Mr. Thakre’s chamber I was an amateur with raw skills. Mr. Thakre’s working style influenced me to a great degree. I was always eager to hear his arguments. Initially I used to attend magistrate court sessions with him. Then I started attending sessions court in Mumbai. While working there, I was thoroughly impressed with the drafting skills of his colleague, Mr. Chimalkar, who continues to remain an authority in criminal drafting. I was fortunate enough to learn the craft from the best. In Mr. Thakre’s chamber I attended full-fledged trials, right from framing of the accused till the pronouncement of judgement.

     

    You had a sudden change of heart and decided to try your hand in the civil and corporate field. What made you make the switch?

    After working for almost two years in criminal law, I realised that criminal law has its limitations and it is restricted to the IPC, CrPC and Evidence Act. So I decided to move to the civil and corporate field.

     

    Being someone who has practised both civil and criminal law, what are the factors aspiring lawyers should take into consideration before making a choice between the two?

    Someone who has had experience dealing with both sides of the coin will find himself at an advantage during a court proceeding. It helps you identify the criminal element in civil litigations and civil matters in criminal cases. I would personally advise young lawyers to familiarise themselves with both kinds of law in their initial days, before making a definitive choice.

     

    You have practised before numerous fora including the Supreme Court. Describe one memorable case you have dealt with.

    One of the most memorable cases I handled in the Supreme Court was the infamous case of paid news in the matter of Ashok Chavan, former Chief Minister of Maharashtra and my client Dr. Kinhalkar, former Home Minister of Maharashtra. This case was very challenging and I worked very hard on it. I had briefed the erstwhile Sr. Counsel Uday Lalit (now a Supreme Court Judge) that the opponent was led by stalwarts like Kapil Sibal, Abhishek Singhvi and Mohan Parashar. I handled this case for three years before the Election Commission of India, then handled it for two years before the Delhi High Court and further two years before the Supreme Court of India. We won the case before all the fora. This case gave me the opportunity to closely work with Sr. Counsel Uday Lalit. During these five years of litigation I have worked under immense pressure but never succumbed to it. This case is very close to my heart and I will always cherish it.

     

    Another forum you deal with is the NGT. What is your view on tribunalisation of justice in India?

    Tribunalisation of justice has been a successful endeavour in India. Tribunals reduce the burden on the High Court and Supreme Court. Also most of the crucial issues related to obtaining environmental clearance for mining projects or disputes pertaining to the same are now being promptly resolved because of the NGT. Earlier, these files would just pile up in the offices of the High Court and Supreme Court, with no action being taken for years.

     

    For a prospective lawyer looking to go into litigation, how important is it for them to have prior contacts to help guide them?

    For a prospective lawyer I don’t think prior contacts are the only way. Yes it does matter, but all of it is secondary to your competence in the field. The briefing lawyers will identify you and can send the counsel briefs. In this way you can make contacts. Also by joining the chambers of senior members of council you can build contacts. I am the son of a farmer, I had to start from scratch, with no resources at my disposal. That should be testimony to the fact that it is your ability that takes precedence over everything else.

     

    Did you have such contacts? How did it positively affect your career?

    I started off with no contacts. My only priority was so work hard and in the process I made the acquaintance of some very influential people. Knowing them has helped my career in litigation.

     

    Do you believe in arguing cases you have don’t agree with morally? Have you ever done it?

    That differs from case to case. As an advocate, I believe I am obligated to fight every case that comes my way. I was morally conflicted during a rape case that I was handling, but that case got dismissed altogether eventually.

     

    How do you cope with pressure in case of high profile lawsuits?

    During my sixteen years of experience in litigation (three year as an intern and thirteen years of practice) I have handled various high profile cases. There was enormous pressure but I always found myself handling it with relative ease. I love the adrenaline rush of a high profile case. It pushes you to outdo yourself, it keeps you motivated. I actually look forward to sleepless nights; I find that it helps me stay at the top of my game.

     

    From being an intern to having your own firm, you have done it all. What, in your opinion, are the defining characteristics of a successful litigant?

    I have appeared before all fora from quasi-judicial authorities such as the tahasildar, collector, commissioner, minister and from magistrate courts to JMFC, sessions court, civil courts, High Court, consumer forum, tribunals and finally the Supreme Court. Nowadays lawyers start practice directly at the Supreme Court. I firmly believe that all lawyers should practise before lower courts for at least ten years before moving on to the Supreme Court, as it is in the lower courts that you learn the most.

     

    If you had to give one piece of advice to our readers, what would it be?

    My only advice to readers is that if you want to become a successful lawyer, work hard. Have experience before quasi-judicial authorities, lower courts. Follow at least 5 full-fledged trials before joining higher courts. Furthermore, work with honesty. Nowadays, even litigants are in pursuit of lawyers who are honest, rather than successful. If you are honest, success will follow.

     

  • Somnath De, Advocate, Delhi High Court and Supreme Court, on practice in IPR and Cyber Law

    Somnath De, Advocate, Delhi High Court and Supreme Court, on practice in IPR and Cyber Law

    Somnath De graduated from Kalyani University in 2011 he went on to pursue his higher studies from Symbiosis Law School, Pune and completed his post-graduation in Intellectual Property Rights in the year 2014. During his college days, he actively took part in conferences and has completed several certificate courses in Cyber Laws. Post graduation, he started working under the guidance of Adv. Pavan Duggal in his renowned firm Pavan Duggal Associates. During his stint at Pavan Duggal Associates he handled a number of cases pertaining to his specialization of Cyber Law and IPR. Currently he is working at an IPR law firm, Vohra and Vohra. He is a senior consultant of Astrea Legal in Delhi Region in the IP and Cyber Law matters. Based out of Delhi, Somnath practises in both the Supreme Court and Delhi High Court.

    In this interview Somnath talks about –

    • His college days
    • Importance of mooting in college
    • His reason behind the decision of practising in IPR and Cyber law
    • National IPR Policy
    • His work-experience

     

    Hello Somnath, how would you like to introduce yourself to the readers of Superlawyer?

    I am an Intellectual Property and Cyber Law attorney. My work is to help people protect their ideas, inventions, and identity, and I deal with counterfeiting and online rights and responsibilities towards clients. I help them, protect them from competitors and establish them in the market place.

     

    Kindly tell us something about your childhood, school and college days.

    I was born and brought up in Bengal. I come from a business family, and therefore, I have no legal pedigree. I completed my primary and secondary school education in Bengal. Subsequent to completing school education, I completed my B.A.LL.B (Hons.) from Kalyani University, W.B. I pursued my LL.M. from Symbiosis Law School, Pune with specialization in Intellectual Property Law. My almae matres , both for LL.B and LL.M, laid great emphasis on extra-curricular activities. I was an active debater and presenter, and loved playing sports. I was very lucky to find good friends with whom I have the warmest of memories.

     

    Did you ever take part in any co-curricular activities while being in college? Can you please share with us your experience and opinion on the importance of them in a law student’s life?

    I participated in a few moot court competitions as well as numerous national and international conferences during my college tenure. I have also penned a number of legal articles which were published in various national and international journals. However, apart from improving my legal skills, I love to play cricket and badminton, and to even engage in dramatics sometimes.

     

    How beneficial do you think mooting is for litigation?

    Practicing in court as a litigation counsel is a different ball game altogether. However, participating in moot court competitions can provide you with a very good idea as to what kind of lawyer you think you want to be. Writing skills and speaking skills are invaluable not only as a student but also when you enter the work force. Having to face a panel of well prepared and demanding judges in a courtroom setting can become an addictive experience. Therefore, participating in moot court competitions lays the roots to become a successful lawyer. A law student must make the most of these opportunities and should participate in as many competitions as possible.

     

    What exactly prompted you to take up law as a profession?

    Actually, there was no affirmed decision to take law on my part. It happened by accident and not by design. However, previously, i.e. during the time of my school days, I had already been introduced to subjects such as Philosophy, Reasoning, Logic, and Political Science, and this drew my fascination towards Law. Apart from that, I was fond of debating and reasoning. I felt that this would come in handy when I had to stand in court and argue on point.

     

    You have been practising in the cyber law and ipr law domain for quite some time. What made you choose these fields as the relevant areas of your practice?

    (Somnath has done his LL.M in IPR and is a certified cyber crime investigator and digital forensic investigator)

    I chose these particular fields because I am a strong believer in the digital format crucially shaping the future of the world. We are in an information age. We all are living in the digital world. The impetus came when I was in the 2nd year of finishing my LL.B. I used to read journals and numerous technological blogs and it was the complicated technicalities gradually surfacing including that of legal challenges faced by companies that motivated me to get into this nascent legal ecosystem.  In contrast to other disciplines of law, Cyber Law and Intellectual Property law was constantly evolving. I was fascinated by it and decided to concentrate my efforts in that direction. Then, I perused my Diploma in Cyber Law and after one year I became a Certified Cyber Crime Investigator and Digital Forensic Investigator.

    However, the advent of cyber space has brought newer parameters. The digital ecosystem that exists today has seen a dramatic increase in the scope of Intellectual Property Rights and Cyber Laws. Technology has become an integral part of our day-to-day lives and, consequently, the legalities pertaining to the Internet assume extra significance. The legal ramifications pertaining to Intellectual Property and Cyber security are being rediscovered regularly. Therefore, Cyber Law and Intellectual Property are emerging disciplines, as its contours are yet to be defined. The quantum of Cyber security breaches keeps on increasing with each passing day. That is what, even more than other factors, makes it such an exciting time to be specialising in Cyber Law and Intellectual Property Law as a new discipline of law.

     

    Apart from Cyber laws and IPR, what are the other areas of law that you are interested in?

    Apart from the Cyber Law and Intellectual Property, I am interested and am currently practicing in the fields of Media Law, Corporate Law, Completion Law and Constitutional Law.

     

    Can you please share with the readers your work profile so far? What is your average daily worktime like?

    After passing my LL.M, I got the opportunity to work with Mr. Pavan Duggal who had specialised in Cyber Law and Intellectual Property Law. After that, I joined Vohra and Vohra, which is a full service law firm, in the field of Intellectual Property and Cyber Law. Apart from this, I am an IPR and Cyber Law consultant to numerous organisations across India. As a legal professional, I have never declined any case or client however small and was least bothered about fees and other attending monetary issues. I think that such a mindset is instrumental for excelling in this field. As a lawyer, I feel, you should give sixteen to eighteen hours per day. As for me, after court matters, I come back to office. After completing my meetings, I prepare for matters which are listed to be heard the very next day. I believe you should plan out your day in such a way that you have about, say, four to five hours of unperturbed time when you can completely apply your mind to the case. I give two to three hours for my independent research works every day and staying up to date with current legal trends and international developments in my field.

    Law students seemed to remain confused on which particular field of law they should choose for his/ her career. What according to you should be the way of coming out from this maze of conflict?

    One of the key challenges is to match the pace of development in law. During your college days, you should do regular reading and be aware of legal developments, amendments to the law in India and elsewhere, cases, precedents and other development in the industry. I must say that you should absolutely listen to your heart in respect of which field you should choose to practice in. It must be something obviously which you are passionate about and have an ardent interest in; that is the key to build up one’s potential in this field and achieve your motive. Every arena of law has its own beauty. While it is true that should you opt for litigation you should possess a great level of patience, but the scope for litigation practice is widening day by day. Be focused, never lose hope and always keep trying. I also advise that you should choose carefully who you work for. Find someone who will teach you, groom you, pay you decently and mentor your practice after you leave.

     

    From a law student to a lawyer, how will you describe the transition?

    The beauty of this filed is that you will always remain a ‘student of law’. For me this is just the start of my journey, and there is still a long way to go. Things are harder than when I was in college. However, I enjoy my work and the challenges that I face every single day. Nevertheless, I definitely missing the life I once had with my friends.

     

    Your experience with the Bar Exam

    Well, the Bar exam, formally AIBE, was fun and totally relaxing for me. Apart from the actual examination and its concomitant experiences, it was also a kind of reunion with my friends. I was really pumped; questions were simple and only just needed a little application of mind. It was not a difficult encounter very much at all.

     

    Red letter day, so far

    I cannot discuss any specific case in detail due to confidentially. However, the classically antique day for me was when I dealt with a very high-profile case in mid-February, 2015, when we had to take an order at midnight from the Delhi High Court. I remember how there was no single restaurant open at the time to serve us any food. At last, we had food at a Gurudwara near Red Fort, Delhi. I had not slept that night and the next day I had to report early to the office to prepare for the subsequent hearing. Another one was when I started my practicing career. I had gotten the opportunity to deal with a matter independently. It was about setting aside an order and the matter was placed before the Division Bench of the Delhi High Court. The first item listed on the day of the showdown was my case. The case was really challenging. I was thoroughly prepared, and argued for twenty to twenty five minutes, faced numerous questions and clarifications as put forward to me by the Honourable Judges. During my argument, the Court Room was completely silent except the reverberation of my own voice and at the end of the arguments I had bagged an order in my favour.

     

    Any unpleasant or difficult case/ situation in the courtroom or outside

    There are ups and downs, which is part of this profession. Sometimes, really closely listed matters can become nightmares. To read voluminous documents and then complete the draft within time is a difficult situation. Therefore, it’s very important to manage time smartly and to be well versed with all the intricacies pertaining to the concerned matter.

     

    somnath-de-2

    Your take on National IPR policy

    I applaud the Government for effectively bringing this far reaching document which kindles creativity and innovation across sectors and also facilitates a stable, transparent and service-oriented intellectual property rights administration in the country. The said policy is enormously relevant for a country like India, being a repository of indigenous creativity and traditional knowledge. Further, by this policy, the Government is attempting to resolve the adjudicatory delays in the newly designated commercial courts. The policy further advocates generation of IPR, which will encourage start-ups and safe guard their Intellectual Property, which is the need of the hour given India’s massive strides towards a digital society. However, the said policy should not remain as a paper tiger; the Government should implement the goals envisaged in the practical world in full phase and plan out for proper mechanism, as the same policy is in a comparative context a directive that needs a fresh look.

     

    Your opinion on the challenges before IPR regime in India

    At the very outset, there is lack of awareness about Intellectual Property protection among many stakeholders. I must stress that a detailed annual plan ought to be there on spreading awareness about Intellectual Property Rights and the involved legalities alongside interactions with all possible stakeholders. There should be a quicker approach to reduce delays in clearing Intellectual Property applications to encourage innovation and entrepreneurship, which are also one of the seven pillars of the National IPR Policy. Furthermore, India faces challenges to its IPR regime as developed countries try to put in place an even stronger framework through mega regional trade agreements such as the Trans-Pacific Partnership. India needs to create its own culture of innovation for its people and grow at a rapid rate. Apart from that, India is facing challenges of online piracy, data protection, vulnerability of trade secrets etc.

    Where do you want to see yourself five to ten years from today?

    My first aim is to build my expertise in my domain. I would like to be an attorney who will make sure every client who comes to me is satisfied with the quality of services and gains trust. I would also like to earn the respect of my seniors, peers and colleagues. Since I love to interact with people, I would additionally like to become an academician in my field of expertise alongside practicing as an attorney.

    Any piece of advice you would like to pass on to the readers?

    You should have the right kind of attitude towards the legal profession. It’s always advisable to think out of the box and be innovative in order to develop the culture and personality of a true legal professional. One should be determined, patient and remember that there is no alternative to hard work. You should always have faith in yourself and should never be disappointed, as failure is an integral key to success. It’s always advisable to stay up-to-date with both the national and international developments of your chosen field of law.

     

  • Enatoli Sema, on being the first from Nagaland to crack the AOR exam and work experience with Mr. Neeraj Kishan Kaul

    Enatoli Sema, on being the first from Nagaland to crack the AOR exam and work experience with Mr. Neeraj Kishan Kaul

    Enatoli Sema graduated from Campus Law Centre, Delhi University in 2005 after completing a Bachelor of Arts degree from St. Stephen’s College. In the pursuit of her determination to do litigation, she joined the chambers of Mr. Neeraj Kishan Kaul, Senior Advocate before starting her independent practice in the Supreme Court. Being the first from Nagaland to have passed the AOR examination of the Supreme Court, she talks in this interview about:

    • Her decision to pursue law
    • Experience at Campus Law Centre
    • Professional and personal challenges after graduation
    • Working at the chambers of a Senior Advocate
    • Cracking the Advocates-on-Record examination
    • Following her passion for litigation

     

    Please introduce yourself to our readers. Where did you grow up and attend school? What was your initial career plan?

    My name is K. Enatoli Sema, I come from the State of Nagaland. I grew up in Kohima and that is where I did part of my schooling and then shifted to the Convent of Jesus & Mary, a boarding school in Shimla.

     

    You completed your Bachelor’s degree from St. Stephen’s College in Delhi University, which is a very prestigious and difficult college to get admission into. How was your college experience? Did you decide from the beginning to study law after graduation?

    I feel privileged and blessed to have attended this prestigious college during the most crucial years of one’s life. It is during this period that I was constantly faced with situations and circumstances that questioned my roots, faith, identity, foundation and my core values. At first, I did not know how to respond to them but as a result I was forced to grow up and decide who I am and who I want to be rather than being defined by others.

    Studying law was also an option for me because of my family background but I was not too sure if I really wanted to do it immediately after graducation. In fact, after graduating from St. Stephen’s and after a year in CLC, I took a gap year just to be sure that I really wanted to study law.

     

    How was your law school experience? Looking back, do you wish you had done anything differently?

    (Enatoli graduated from Campus Law Centre, Delhi University in 2005)

    CLC was a very different experience altogether, something I wasn’t prepared for. I realised how sheltered and protected I was in St. Stephen’s. At first it was overwhelming, the sheer number of students in the class was enough to make you feel small and insignificant. There were some classes I enjoyed more as compared to others. We had execellent faculty members because of whom my love, interest and curiousity for law started. The one thing I wish I could have changed about law school was probably being more active in campus. I would usually try and find a quiet place in a corner and read and did not interact much.

     

    How was your first year after graduation? What were your thoughts and in hindsight how did they work out?

    The first few months after graduation was difficult for me. Nothing prepares you for what you are going to face especially if you choose to do litigation. There is no similarity between the theory and practice and it takes time to get used to it. As time passed, I grew more intrigued with the drama and process of how law evolved in court room proceedings. My first year went just fine, there is nothing I would like to change about it. But yes, I wish someone would have told me that it is OK to feel lost and clueless in the first few months of practise and that everyone goes through it.

     

    enatoli-sema-2

    You worked as an associate in the chambers of Senior Advocate Neeraj Kishan Kaul from 2007 to 2009. What did your work consist of? Were you free to take up your own cases, independent of the ones your senior allotted you?

    Joining the chambers of Mr. Neeraj Kishan Kaul, Senior Advocate, was the one of the wisest steps I took as a young lawyer who was interested in doing purely litigation. Being in the chamber of a Senior Advocate, the work of the junior associates mostly revolved around legal research, analysis and assisting him with our notes and preparations. Working in his chambers trained and exposed me to the basics of law in a variety of subjects within a short span of time. In his chambers, I was not only taught law but I also learned professional ethics and discipline which is crucial for any Advocate who views this profession seriously.

    Mr. Kaul’s chamber was very demanding as working in any top notch Senior Advocate’s chamber would be so there was really no time to take up any independent cases and since I was just freshly out of law school, I don’t think I had the experience to take up cases on my own.

     

    You became the first from Nagaland to pass the AOR exam of the Supreme Court. How did you prepare for it? What do you think are the reasons that no person from your state has ever passed it?

    As I started my independent practise in Supreme Court, I realised that it was very important for me to take the AOR exam. I was encouraged and guided by AOR’s who had taken and passed the exam. I was blessed to get sound advice and guidance by fellow colleagues who were already AOR’s.

    There are very few lawyers from Nagaland practising in Supreme Court and partly that is the reason why there were no AOR’s from Nagaland. I hope that in the coming years there will be many more AOR’s from Nagaland.

     

    Please tell us more about the AOR exam. When do you think one should start preparing for it and attempt it?

    It is important to familiarize yourself with the syllabus and the study material that is available for taking the exam. I started preparing for it around the month of February-March since our exam was in June. It is always better to start preparing earlier because you have to juggle your work and studies at the same time. Sitting for an examination after years of gap did not help but the idea is to remain focused and hydrated in the Delhi heat! For me attending the lectures given by the examiners helped a lot while studying because they give you an insight of what to expect.

     

    Currently, you are Standing Counsel for the state of Nagaland in the Supreme Court of India. What do the duties and responsibilities include?

    Being a Standing Counsel for any State is a matter of great honour and a privilege. Since I have been away from Nagaland for so many years, personally I see it as a chance to stay connected to my people. I also see it as an opportunity to contribute towards my society as a legal professional. The duty and responsibility is to ensure that your State is effectively represented and that the Government is given sound legal advice and guidance at all times.

     

    What are your plans for the future?

    As of now, the only plan is to be a lawyer whose work is respected.

     

    Lastly, what advice would you give to law students wishing to make a career in litigation?

    Litigation has its share of fun and adventure but it is also taxing. Choosing to do litigation while your other friends from law school may be joining fancy law firms is certainly tough. But if your heart is in litigation and that is what you want to do, then don’t let go of your dream and be prepared to slog and work hard towards it.

    When I expressed my desire to do only litigation after a year into practise, I was advised and warned by a wise man to be prepared to put in a lot of hard work for at least 10 years. As a naive young lawyer, I thought that that his ‘old school’ philosophy talking. I now understand what he meant. This profession, specially litigation will also remain ‘old school’ and I hope that it continues to do so. There is no short cut if you want to be someone who truly works for justice.  So, take your time to decide if litigation is really what you want.

  • Sanjay Hegde, Senior Advocate, on building a legal practice, arguing on landmark cases and on legal journalism

    Sanjay Hegde, Senior Advocate, on building a legal practice, arguing on landmark cases and on legal journalism

    Mr. Sanjay R Hegde, is a Senior Advocate at the Supreme Court of India. He began his illustrious career back in 1989 while working as a lawyer with M/s Mulla & Mulla & Craigie Blunt & Caroe Solicitors. He gained his LL.M while at work and thereafter moved to Delhi to practice in the Supreme Court in the Chambers of Senior Advocate Mr. G. Ramaswamy. During this period he worked on several high profile cases, appeared for the Government of Indian before an international arbitral tribunal and from 1996 to 2004 was on the Union of India’s arguing panel before the Supreme Court. He also worked for a decade as the Advocate on Record for the State of Karnataka and thereafter focused on private practice. He has frequently engaged in legal journalism including appearing on television panels and writing as a columnist for newspapers.

    In this interview, he talks to us about:

    • His career choices and the reasoning behind them.
    • His experiences in the various roles and offices he has assumed over the years.
    • His opinions on miscellaneous topics – the importance of mooting and writing for students, ADR in International Law and legal journalism.
    • His advice to law students while studying, practicing and moulding their careers.

     

    Please elaborate on the motivating factors which helped you in choosing legal studies.

    I assume you mean, why did I decide to study law? Well, in our days, choosing a career in law, was not a matter of choice but circumstance. Often one did not set out to become a lawyer, but did drift into the profession after exhausting most other avenues. My father was a lawyer as was his uncle and grand-uncle. So as the first of five children, of a not very successful lawyer, a legal career, while available was not necessarily a first choice. I did law, while working in a computer company and studying for the civil services examination. I also did an LL.M simultaneously while working with Mulla & Mulla.

     

    Please tell us about how you decided to pursue litigation. Were you considering any other opportunities?

    I got selected by the UPSC for a non-IAS service, which I kept on hold for a couple of years, while I started out in the Supreme Court with the then attorney general Mr.G.Ramaswamy who was my guru in court-craft. I had been a debater and a quizzer in my times, so a quiet life behind my desk in a solicitor’s firm (that’s what we called corporate law then), did not appeal to me. It had to be courtrooms or nothing in my case.

     

    How were your years in college? Did your study prepare you in any way for real-life practice in Courts?

    When I see kids in law schools these days (my son included), prepare so hard with presentations and papers, I am reminded of how little I did in college. I did spend good time in my law college in Bombay (K.C.Law) making friends and eating sandwiches from Ramesh Sandwichwala. My life as a law student, was evening classes after work in my computer company’s administrative job. I attended classes which had good teachers and neglected other subjects. I passed the examinations with undistinguished marks and often found that I scored badly in subjects which I knew well by studying original texts. In those days, examiners had got used to answers mugged up from guides (three test papers) and original stuff may have fazed some of them. Suffice to say, the course did not prepare me for life in court, but I did learn a bit by tagging along with my father and his friends.

     

    What should a law student do, in your opinion, to shape up his profile for litigation?

    Practice simple things like public speaking and elocution. You would be surprised to see how badly some people express themselves in court, and how judges are grateful to any lawyer who can clearly state the problem, before attempting to persuade them to his side. Some experience of dramatics and the stage are also useful. Both Kapil Sibal and Rajeev Dhavan, had experience in theatre which went a long way towards making a courtroom presence.

     

    How important do you think Mooting and Academic Writing are for a Law Student aspiring to become an Advocate?

    Both are very important. Mooting helps you deconstruct issues, prepare memorials and briefs and present them to trained minds. Writing is even more important. An ability to clearly express oneself in writing, in simple sentences, is the hallmark of a good mind. While taking people on board, I am more likely to choose, someone who can give me a quick written note, than someone who can turn a wonderful phrase in conversation.

     

    After your enrolment at the Bar in 1989, you worked in Mumbai for a period of three years. How did these formative years mould you as a lawyer?

    They taught me about handling corporate client problems, and how to turn around work reasonably quickly. More importantly they taught me the value of friends in the profession and the constant peer-review that always accompanies life at the bar.

     

    You have a rich experience of working under Mr. G Ramaswamy, Senior Advocate and former Attorney General. You have also assisted several distinguished Senior Advocates at the Supreme Court. Please tell us about your work under them.

    Each senior advocate addressing the court, is essentially a performing artiste. At the end of the day, he is not so much concerned with the judgment which is the judge’s job. He is concerned that his performance was the best that could be summoned from within him and that it best expressed all the points in his client’s favour. Mr Ramaswamy had an amazing depth of knowledge and experience, which enabled him with a bare instruction on facts, to argue for hours and place a case in its entire legal perspective. He had the ability to hear a whispered phrase as an instruction from the advocate by his side, and to know exactly what was meant and what needed to be said. In other words, an amazing pickup on the fly. I find the same ability in Sibal and Rohatgi, as well as Salve and Fali Nariman. The latter two also share the breadth of learning that GR had, and Mr Nariman particularly is almost oracular in his wisdom. Among the others I have instructed Mr Sorabjee, stands out for his ability to hit all the right notes without making it seem too heavy, Mr Ashok Desai’s ability to paint a picture and scrap through to a conclusion without angering anyone is a gift to be envied. The late Goolam Vahanvati must be mentioned for his understated, efficient manner of delivery and his incredible ability to turn around written submissions and pleadings in a very short time.

     

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practise at the Trial Court to learn the nuances, or is it fine to start at a High Court itself?

    I’d say go wherever there is enough work to keep you occupied. Do not get hung up because you hang around the superior courts, do not feel low in the lower courts. A good grounding in the trial courts, stands you in good stead thereafter. Mr Ramaswamy spent 11 years in the trial courts before moving to the Madras High Court and his base in civil and criminal law, gave him an advantage over his peers who had been appellate court lawyers throughout.

     

    What are the differences that you see between a practice in a High Court and a practice in the Supreme Court?

    The Supreme Court has greater turnover and greater mortality. In the Supreme Court, you prepare a lot, only to see it destroyed in a two minute performance. High courts are more relaxed but more time consuming.

     

    What is your opinion on the recent judgement of the Supreme Court which upheld the ‘Collegium’ system?

    (Mr Hegde had appeared for Union of India In Re: Special Reference 1 of 1998 i.e. The Third Judges’ Appointment Case).

    I did assist Mr Sorabjee the attorney general in the Third Judges case. That judgment and the current one, all revolve around independence of the judiciary. Can we have independent judges, if their appointments are made by politicians? The court is part of the political system in a manner of speaking, how far can you keep routine politics away. Has insulating judges, resulted in the creation of a self-perpetuating jurocracy? My personal opinion is that the striking down of the NJAC, is a good blow for judicial independence, especially in an era of majoritarian politics.

     

    How effective, in your opinion, are Alternative Dispute Resolution mechanisms in International Law?

    (Mr Hegde has appeared before an International Arbitral Tribunal for the Union of India.)

    Well my case was the Government versus Suzuki Motor Corporation which was essentially a private contractual dispute. But in public international law, in the absence of pre-decided judicial forums, alternate dispute resolutions are often the only options available.

     

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    Could you elaborate on your experiences as an AOR for Government of Karnataka?

    (Mr Hegde has been an Advocate-on-Record for the Government of Karnataka at the Supreme Court for a period of ten years, during which he handled many sensational and landmark cases, like the Kaveri and Krishna Water Disputes, Rajkumar Kidnapping case, Swami Shraddhananda case etc.)

    It was personally exhausting, tough and immensely educative all at once. As long as one was not bothered about being adequately paid for the effort, working for the state made me the all-round lawyer that I am. I learnt Criminal law and indirect taxation on the job. A wealth of memories include a chief minister being hauled up for contempt, a chief secretary’s perjury prosecution being stayed, a godman or two being kept in jail for a long period of time. I remember early on Rajkumar being kidnapped and the state preparing to release his associates, till Justice Bharucha yelled, “If you can’t govern constitutionally, then quit”. A few years after the incident, some of the same associates, got death sentences in appeal, where the TADA court had given life imprisonment. So many memories require a book and not a question.

     

    Other than the Supreme Court, you have appeared before various fora, how is a practice before these Tribunals different? What is your opinion on “Tribunalisation”?

    (Mr. Hegde has appeared before many such tribunals as CESTAT, TDSAT and NGT.)

    Tribunals are more specialised areas and often the monetary impact is much heavier than normal courts. I do think that tribunalisation is the way to go, though courts have increasingly frequent misgivings. After all judges can’t know everything about complicated technical decisions, but experts in these fields can make decisions if judicial members control the fairness of the process.

     

    You are a designated Senior Advocate of the Supreme Court of India. How is the life of a Senior Advocate different from a normal Advocate? How do you manage the responsibility?

    A senior advocate is a bit like a taxi for hire, for day and date only. If the ride is not smooth he is unlikely to be hired again. But flippancy apart, the biggest responsibility is to give the client and the briefing lawyer, a pre-view of how the case is likely to be appear to the eyes of a judge. A good senior will in all probability leave you with a forecast of how the game will play out in the court and should advise you on your best options, including the negotiating of a settlement if one is possible. Unfortunately people come to seniors at the last minute to try for a win but not for the available reasonable option, of a realistic assessment of their chances in court.

     

    You are a well-known newspaper columnist and Television Panelist on pressing legal issues. What, in your opinion, is the future of legal journalism as a career, for aspiring people?

    There is a great demand for people who can decode legal processes and put it in simple terms that an ordinary viewer or reader can understand. We still have to develop a culture of great legal reporters in the mould of an Adam Liptak, a Joshua Rozenburg or a Dahlia Lithwick. Indian reporters, out of fear of contempt laws, often tend to get into bare bones reporting of fact, without too much accompanying analysis.

     

    Students tend to take up plush Corporate Firm jobs, as they find the prospect of an initial struggle at the Bar scary. What would be your message to them?

    They are right to choose whatever makes them comfortable. After all many of them are first generation lawyers, who have spent fortunes on their education and need to start earning as soon as possible. However a law school must provide you with the ability to make decisions and see them through to fruition. If litigation is your thing stick by it, keep working away, offer your services free if needed, to lawyers who are too busy or too tired to attend hearings. If you keep pegging away, cracks will appear in seemingly closed doors and you will make it. Keep going without getting disappointed or turning to drinks and the like, and you will find your niche from which to grow.

     

    What advice would like to share with our readers who are mostly young lawyers and law students?

    Be curious, read a lot, keep writing from time to time, but argue everything, every time, even if it is within yourself. For a lawyer, the unargued life is not worth living. Have fun and stay within the boundaries of truth. The world will accept you and find a use for you.

     

     

    This interview was taken by: Shreesha Kailankaje, IV year, GNLU, Gandhinagar

  • Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing

    Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing

    Gopal Sankaranarayanan is an advocate at the Supreme Court of India. He graduated from NLSIU, Bangalore in the 2001 batch, immediately after that he went for a Masters in Criminology from the London School of Economics. A prolific writer in various journals and leading dailies, a co-founder of Care For Air, an independent, volunteer organization and a successful practitioner of law, Gopal speaks to about:

    • His college and university experiences.
    • Mooting – the culture and its importance.
    • Helping Bhutan draft its Constitution
    • Legal writing, research and his new project Care For Air.
    • His views on Section 498-A and his advice for being successful in both personal and professional spheres.

     

    Could you please introduce yourself to our readers?

    I am a son, husband, father and friend. I am also an Advocate of the Supreme Court.

     

    You graduated from NLS Bangalore in 2001. How was preparation for the entrance exam like then?

    The entrance exam in the mid-90s was very different from what it is now. There were fewer candidates taking it then – a few thousand or so – and the questions were fairly straightforward Math, English, GK, Logic and Legal Reasoning. With time, they have become more complex, and with the advent of the CLAT, fairly random, inconsistent and thoughtless, which is why I am helping my friend Prof. Shamnad Basheer in his challenge to its arbitrary nature which is pending in the Supreme Court.

    Preparation for me when I took the exam was interesting. I took it twice, in fact. The first time in 1995 with less interest, a week after a teenage romantic heartbreak and which led me on to the NLS waiting list and then St.Joseph’s College in Bangalore for a year. That was probably my best year of College – I travelled the country for literary fests, I bunked classes to have beer at Brigade Road and investigated kabab roll joints across the city.

    The second time the following year I spent a week reading that godforsaken Competition Success Review and flipped through the equally mammoth Manorama Yearbook to figure out who had won the Padma Vibhushans and to understand what GATT was. It didn’t help. But what did was the fact that a friend was in NLS and she gave me a few ideas, most important being to finish all the questions. I weaselled my way in, though if the faculty had any idea, they would have nipped it in the bud!

     

    How was your time at NLS – could you share your experience with us?

    My time at NLS was a lot like life. It was a microcosm of India – girls and boys from across the country from a variety of backgrounds all thrown into this melting pot– there was competition, pettiness, talent, imagination and insecurity. I tried my best not to change who I was (which wasn’t a great idea because I have a prickly personality!). As a result, I tried everything, giving academics the least priority. I played a lot of sports, and was most partial to Cricket and Hockey. I mooted nationally and internationally, helped co-found and convene our annual fest LeGala led by the wonderful Meghana Abraham, participated in literary and cultural events across the country from all the IITs to BITS Pilani’s unparalleled Oasis, sat in dive bars in Nagarbhavi, did all-nighters with cigarettes and dumb charades, danced and sang, choreographed fashion shows, and loved my internships with K.K.Venugopal, Zia Mody and Karanjawala. Subject wise, I fell in love with Constitutional and criminal law and fortunately, that affair continues.

    I made some very dear friends at NLS – many for life, and I am happy that their interactions have made me richer, while not necessarily enriching them! One of those collegemates now shares her life with me, though she claims she barely noticed me then.

    On the flip side, I had my share of controversy and run-ins with the faculty, a few of whom completely lacked the emotional maturity to deal with young people. There were others, like Prof.N.L.Mitra who probably saw some potential in my rebellious streak, and when I objected to the undemocratic manner of NLS student elections, he allowed me to form a Committee to revise our Constitution. That effort thankfully bore fruit largely due to the efforts of P.M.Thimmaiah and Nandan Kamath.

    In my entire tenure at NLS, there were very few members of the faculty who really had what it took both academically and emotionally – A.K.Rai and V.S.Mallar were the exceptions, and the blame for this lies at the doors of a series of Vice Chancellors who were insecure and lacked the imagination to encourage young academics to truly flourish.

     

    You did your Masters in Criminology in the London School of Economics. Tell us a little about your time there.

    I guess the fact that I didn’t seem like a nerd appealed to LSE when I applied seeking to enlarge my passion for theoretical criminology. At the time, LSE was still a part of the University of London and we had multiple faculty across King’s, UCL and SOAS taking a single subject. I knew Nicky Lacey was at LSE, and that’s why I applied, but to have the erudite Robert Reiner and the accomplished Ben Bowling (now Deputy Dean at King’s) teaching us about feminist theory, stop-and-search and media manipulation was fantastic. The rigour they expected and the inputs we got from international students made the subjects so much more attractive. As we could opt for a non-specialized subject as well, I chose International Law of Armed Conflict & Use of Force, which was helmed by Prof.Christopher Greenwood (now a judge at the ICJ). Greenwood to me sums up everything a Professor ought to be – charming, informed, witty, humble and extremely disciplined. While he taught us, he was also a Queen’s Counsel, advising the British Government on the invasion of Iraq (this was shortly after the September 11 attacks), editing the ILRs (with Lauterpacht Jr.), churning out a series of articles in the top International journals, appearing before the ICJ and also taking 4 other courses on law. Teaching one course at the Masters level can be exhausting – to do all this is superhuman. Along with Greenwood, giants like Christine Chinkin and Rein Mullerson (Gorbachev’s former Advisor) brought into sharp perspective the practical real-life experience that is so necessary for a good academic. I could probably bore you to death about how the approach of teachers in the UK ought to be emulated here – so that they give you some respect and treat you as equals, or at least sentient beings.

    Apart from the classes, which after a long while, I truly enjoyed, I also played Hockey for LSE’s First XI team, and won medals for the Universities League and Championship that year. We trained under the shadow of the iconic Battersea power station and I will never forget freezing my butt off while running around on this Pink Floyd pitch.

     

    What is the value addition of a Masters in your career?

    I think if you are curious and you like to learn, you should always step beyond our shores to try and experience that world. For me, my Masters was always just going to be knowledge for the sake of it, as I had no plans of working in London and was coming back to practice. I have almost never used the actual lessons or the subject matter of what I was taught in my practise, but the tools of research, of pithy presentation, of verification of sources, of comparison, of context I apply on a daily basis.

     

    What has been the role of sport in your college days and thereafter? What role do you think sport plays in getting a postgraduate seat?

    I was and continue to be passionate about sports. I still play tennis, badminton, basketball and golf as time permits, and whenever Amit Sharma remembers, I will turn out for a day-night cricket match! As the great American broadcaster Heywood Broun said – “Sport doesn’t build character. It reveals it.” If you allow it, it can be the most defining aspect of who you are. Sport has taught me passion, camaraderie, leadership, sharing and loyalty. It has given me perspective about everything else I do because it is so inclusive and rewarding. You don’t have to play it, you don’t have to be good at it, you don’t even need to understand it to actually be moved to tears when something great happens. I haven’t seen anybody crying enraptured by a great argument in court or a wonderful contract clause. If I were unwell, I would probably skip Court, but I have stepped onto a cricket field with one hand in a cast, and shared a 45 run partnership for the last wicket with Siddharth Agarwal, who now knocks it out of the park in Delhi’s criminal courts.

    During my years as a lawyer, I have been happy to see the seniors at the bar readily reach for their cheque books when I approached them to donate for Shiva Keshavan’s luge at the last Winter Olympics, and my own recent experience as Secretary of the Lodha Committee has been very rewarding in helping formulate policy at the highest levels of one of the world’s most watched sports.

    As far as your applications question is concerned, I can imagine sport playing a big role if you apply to Universities that have strong sports agendas (Duke, Michigan, etc.) or if the evaluator is partial to sport. But if you are unfortunate to have your exquisite essay read by a serial academic topper who frowned at such frivolities, you are up the creek without a paddle.

     

    What are some of the important observations you have found regarding the moot culture in India in recent years, when you have acted in the capacity of judge?

    I have had varying experiences. I know it’s very tough to know what to prioritize before which judge – some prefer citations, some (like me) love to go into the facts and work the angles, others just want to show how much they know. There are, however, 3 basic things I tell mooters –

    (1) Dont interrupt the judge, but please don’t be obsequious;

    (2) Stick the moot problem on your bedroom door and read it a hundred times – it always throws up something new;

    (3) Use real life examples to illustrate your point and make it simpler to understand (this is actually the Mukul Rohatgi staple!)

     

    What role do you think mooting should play in a law student’s life?

    I think it has its place. It shouldn’t be an overarching priority because there is so much else on offer in your 3 or 5 years at college. For most young people, this is your last free stretch before responsibilities overtake you. If you can, enjoy it by doing other stuff and meeting new people. This might be the time to walk over and talk to that girl or guy who sits quietly in the second last row without interacting with anybody. Go over, have a coffee together and figure out what makes them tick. Not as a social experiment, but just because it is what humans ought to do.

     

    Will you give us a brief recount of the time you helped the Kingdom of Bhutan draft their Constitution?

    This really happened by chance. I was in the Chambers of K.K.Venugopal, Sr.Advocate [KKV] and he was approached by the erstwhile King of Bhutan, Jigme Singye Wangchuk to advice on a Constitution. He is quite a forward thinking man, and as a monarch, realized that a Constitutional set-up would be a progressive one. There were many interactions with the Law Minister and the Chief Justice of Bhutan, accompanied by their advisors. Their initial draft was a mish-mash of the UDHR, the ICCPR, the US and Indian Constitutions. KKV spent hours reworking it while I researched the areas that required special attention and suggested alterations where necessary. This was not an easy task for two reasons: One, it required me to fully understand the development of South Asian constitutional law, and Two, KKV almost always asked me questions to which I had no answer! Eventually, the Constitution came into force, with KKV playing the role of Bhutan’s Ambedkar and B.N.Rau rolled into one, while I visited Thimphu in 2008 and sat in their Parliament watching their most polite legislative proceedings.

     

    You have several publications to your credit. Tell us a little about writing legal articles and research in a lawyer’s career.

    Research is compulsory. Articles are voluntary. Just as with moots, I spend several hours reading caselaw, online articles and books to come to terms with a legal point. If it is a considerable one which I believe the public would like to know about, or an anomaly, or something which is just patently unfair, then I feel compelled to publish. I write from the heart, and I know that often candour is unappreciated, but it also corrects an incorrect impression that people may have. I believe legal writing should be so exhaustively researched that there can be no doubt that it is original and that also there is something novel to say. Also, anyone interested in writing should attempt to have their work spread across multiple publications so that there is no suspicion of nepotism or partiality.

     

    Is there any habit or skill you picked up over the years that you believe is critical to a lawyer’s success?

    Integrity. If you try to mislead the court or try pulling a fast one on a colleague, the ephemeral pleasure will ruin your reputation for life. Before you know it, judges and lawyers put you down as someone whose word cannot be trusted, and their displeasure starts dampening your performance. While hard work and application are important, they are meaningless without the respect of others.

     

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    Tell us a bit about your love for Constitutional law and work experience.

    As I mentioned earlier, this was something born out of some invigorating classroom discussions we had in Law School with Profs. Mallar and Vijayakumar.

    When I came into practise, I started assisting KKV in some Constitution Bench cases and I realized how much reading it involved. A turning point came when Mr.Fali Nariman, after seeing me assist KKV in a matter recommended me as his junior counsel for the 9-Judge Constitution Bench hearing the scope of the Ninth Schedule [I.R.Coelho]. I was overwhelmed by his generousity, and later by the fact that preparing for it meant I had to read Golak Nath and Kesavananda cover to cover! It was a brief 5 day hearing under the strict gaze of Chief Justice Sabharwal, and we subsequently succeeded, but even if we hadn’t, it was a personal achievement – to spend hours brainstorming critical aspects of our Constitution’s fundamentals and then to assist one of our finest minds in putting it across.

    Subsequently, I spent 4 continuous months on the reservation challenge in Ashoka Kumar Thakur and learnt that nothing about Constitutional law is easy or brief. It requires rigour and reading, and while it takes time for an opportunity to come your way, it invariably will. I was thus fortunate to address the Constitution Bench concerning the postponement of reportage [Sahara v. SEBI] and to successfully challenge Section 6-A of the Act setting up the CBI [Subramaniam Swamy]. Recently, my arguments on vagueness and liberty were accepted by the Bench that heard the challenges to Section 66-A of the IT Act [Shreya Singhal] and also struck down Section 118-d of the Kerala Police Act.

    At NLS, we were taught one trimester by the late Justice A.M.Bhattacharjee, whose unique grasp of the subject is best reflected in his book “Equality, Liberty & Property” [now out of print]. I remembered his Chapter on Privacy when we were doing the AADHAR case earlier last year, and it was this little bit of stray reading which allowed us to have the case referred to the Constitution Bench, doubting the correctness of how Kharak Singh had been followed. So, you never know when a little extra can come to aid!

    Outside of its use in the Courts, I was always fascinated that while the Constitution was our most important textual document, we had little general knowledge about it. How many Indian homes have a Constitution? But many have the Gita, Bible or Koran. The more I realized how Indian courts have made the Constitution such a dynamic instrument of social change, I felt something needs to be done to increase its reach. An early suggestion to Sumeet Malik from the Eastern Book Company to have a coat pocket edition of the Constitution bore fruit, and the slim leatherbound volume of which I am the proud editor is now in its ninth edition. It is an endeavour to have it in every home soon – our entire Indian cricket team have personal copies and this was what was presented by the President to Arvind Kejriwal when he visited him on the occasion of his election last year.

    I also conceived of an Oral History project which was implemented by Rainmaker, where we conduct and upload free on YouTube hour-long video interviews with the doyens of the legal profession so that those who might otherwise not have a chance to interact might have access to their lives. Soli Sorabjee, Iqbal Chagla, Harish Salve, Gopal Subramaniam, Ashok Desai, Raju Ramachandran, Goolam Vahanvati, and several dozen more have shared their life stories.

    Things like this, apart from actually arguing in court, are way more fulfilling, as they allow your countrymen to slowly become aware of their Constitution and their rights.

     

    What are your views on Section 498-A and the realities of its application?

    I think, much as the Supreme Court itself has, that this provision is being abused often. In some States there are police advisories not to automatically arrest the accused in such cases and to be cautious. Marital discord is usually irreparable once you reach this stage, and the deepset rancour coupled with the lethargy of our judicial process eventually leaves the victim (husband or wife) with no way out of an unhappy situation. Based on my Note, the Supreme Court recently laid down guidelines in Arnesh Kumar, but I don’t know how it is being implemented in the respective States.

     

    How do you manage your professional life and personal life? Do you keep both separate?

    Actually, I don’t. I am thankful that my wife Haripriya Padmanabhan (also a Supreme Court advocate) is such an excellent multi-tasker – she does her Court work (much better and more thoroughly than me), she manages our three kids, she cooks wonderfully and she discharges her role as the Secretary of the school PTA, so that all I really have to manage is my own practise!

    One of the things Haripriya and I agree on is that family is more important than anything. Thus, we have our office a mile away from home so we can be close to the kids, but we don’t work on anything together. We have our distinct practise areas (she is more into commercial litigation, education and civil law) and we never discuss law at home. Our work grants us the flexibility to be home with the children during the day and when there is pressing work, we work into the night after they sleep.

    It’s not easy, especially when you come into Delhi from outside and you don’t have grandparents around, but with patience, luck and friendship, you will always find a way.

     

    What do you do in your free time? Have you continued activities related to literary and debating (as you were given awards for the same in college)?

    I love films, books and music. The arts have always been my weakness and I collect what I love. Travelling Wilburys, Billie Holliday, Sam Cooke, Guru Dutt, Stanley Kubrick, Wong Kar Wai, Watchmen, Sandman – I love them all.

    Recently, a more grim issue has taken up my time – air pollution. It is something that is slowly enveloping our cities and making India unliveable, particularly affecting the very young, the pregnant and elders. A few of us have founded Care For Air, [www.careforair.org] an organisation aimed at raising awareness about the problems and solutions regarding the toxic air. We make presentations to school and residential communities and continue to spread the message.

    L&D-wise, one of the things I do on an annual basis is to host MyLaw’s A Question of Law, a quiz on law for lawyers, law students and the general public on Law Day (November 26th). Its light hearted and fun, which is evident from it being conducted at Monkey Bar! We just finished 5 years of that, and it is a lot of fun with several hundred participants and regular rounds of tequila shots.

     

    Do you have any parting advice for all our readers out there?

    Just one: tomorrow, you could be hit by a truck, so don’t keep worrying about your majestic long-term goal. Keep small workable milestones which have nothing to do with your peers and where they have reached in their lives. Make time for sport or music or painting or language or whatever you enjoy. Try and travel, even to small places nearby. Don’t let work come in the way of your important relationship moments (weddings, birthdays, anniversaries, even funerals). If you have a partner or a child, try and be there for his or her doctor’s appointments or school performances or shows. When you’re 55 with an empty nest, you won’t remember which case you were arguing when your daughter was winning the relay.

    As the windows of Chartres Cathedral will tell you, as long as we are on the shoulders of the giants who came before, we will always be okay.

  • V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana graduated from Coimbatore Law College (now GLC, Coimbatore) in 1988, India’s first batch of the five year law course. She joined the chambers of Mr. M. Panchapakesan as a junior after graduation, where she had also interned in her final year. Thereafter, she moved to New Delhi and worked with Ms. Indu Malhotra and Mr. C.S. Vaidyanathan, enriching her expertise in litigation. After successfully passing the Advocate on Record examination in 1996, she has been practising independently in the Supreme Court, Delhi High Court, National Consumer Commission, etc.

    She has worked on matters with eminent seniors like Mr. Kapil Sibal, Mr. K.K. Venugopal, Mr. P. Chidambaram, Mr. Arun Jaitley, Mr. T. Andhyarujina, et al. She was also a Panel Lawyer for the Government of India. She was designated as a Senior Advocate by the Full Court of the Supreme Court of India on 23rd April, 2015.

    In this interview, she talks about:

    • Being a first generation lawyer: college life, internships and interest in litigation
    • Moving to New Delhi and establishing her practice
    • Cracking the Supreme Court Advocate on Record examination
    • Her wide range of practice encompassing various courts, tribunals and as a Panel Lawyer
    • Being one of the few women Senior Advocates of the Supreme Court

     

    Please introduce yourself to our readers. Were you always interested in pursuing law? Are there any lawyers in your family who motivated you to join law school?

    I am a first generation lawyer, and I have been practicing for the past 27 years. From my school days, I was interested in debating, public speaking, theatre etc. I took an interest in law during my higher secondary education. The sole credit behind my motivation to do law goes to my Mother. There were no lawyers in our family until I finished law. Now there are more than three, and a few more in the making.

    You are a student of the very first batch of the five year integrated law course, introduced for the very first time in India. We would love to know about your college. Was there any confusion/mismanagement, considering it was a new concept?

    Yes, I belong to the very first batch (1983-88) of the 5-Year integrated law course after higher secondary, introduced for the very first time in India in the year 1983. Our college those days (Coimbatore Law College, Bharatiar University, Tamil Nadu) was run in a rented premises. There were very few classrooms during the first year since we were the only batch and the rest of them were three year law students. We had a small library and a very small room for sports activities.

    Our syllabus was structured similar to the present syllabus, but it was not very detailed. We also studied subjects like Sociology, Economics, Legal History, History and Legal Language & Legal Writing etc. during the first two years. The rest of the three years we had subjects like Family Law, Transfer of Property, Constitutional Law, Income Tax, Insolvency, IPC, Evidence Act, CPC and Cr.PC along with Drafting, Pleading and Conveyancing.

    There was no confusion or mismanagement and, of course, the infrastructure was limited. There were few teachers and we had hardly two to three classes a day and only one session either morning or afternoon. There was no hostel for girls and there were very few girls in the class.

    Were there any student activities and opportunities such as debates, moot courts et cetera? What was your typical day like? Did you also pursue any hobbies?

    There were activities and opportunities such as debates, dance competitions, quizzes, etc. which were conducted by other Arts & Science colleges in which we all participated. There were a few moot courts competitions as well that were conducted by colleges outside the city and state, so participation was difficult. Our typical day was very relaxed and had only two classes/lectures. We had a lot of free time to pursue any extra-curricular activities, but we did not have many opportunities. I was in a working women’s hostel and our timings were very restricted. I used to give tuitions for school children in my free time.

    Did you do any internships? What was the work allotted to you like?

    The concept of internships was not in vogue back then. However, we were regularly going to court in the morning since we had classes only in the afternoon. During my final year, I myself went and joined a Senior Civil Trial Lawyer Mr M. Panchapakesan who is one of the doyens in the Civil Bar in Coimbatore. After a short interview and after checking my aptitude, he agreed to take me as an intern and I started going to his office and court in the morning and after college hours. The work I was initially asked to do as an intern was to note the case diary maintained by the office clerk which reflected the entire list of cases on a day-to-day basis for the whole year. Every day we had to note down the date of the particular case in the diary and maintain it regularly so that we get ready in advance for a trial. This habit is something I follow to this day. Apart from that, my senior would dictate legal notices, plaints and written statements which would be taken down by the juniors. I was asked to re-write the same in big font with triple spacing on white sheets of paper and give it to the senior for his correction and editing. By this method, I learnt a lot about drafting and pleading. There was no concept of stenographers in our office those days. Every pleading, application and written submission used to be dictated to juniors. I got the benefit of directly taking the dictation from my senior very soon after I joined as an intern, due to the fact that I could write fast and my handwriting was legible.  I have acquired maximum advantage in profession due to this practice of taking dictation.

    How did you manage the internship with studies? How did the practical exposure compliment the theoretical knowledge imparted to you in college?

    My internship never disturbed my studies. It rather helped me in learning what was taught theoretically in college. For example, we had papers such as CPC, Cr.PC, Drafting, Pleading & Conveyancing in the final year. I feel that these papers should be taught only in the final year. Since I was going to the trial court in my final year and taking dictation in my office, I could practically learn the application of CPC, Transfer of Property, Partnership, Filing Suits, etc. due to the personal practical experience. Even today, it is that training which is helping me. The art of drafting sale deeds, lease deeds etc also helped me in my conveyancing exam.

    Did you consider pursuing higher studies after graduation? How important is it for a lawyer to go for higher studies? Were you inclined at any time, towards the civil services?

    Honestly, we could not think of pursuing higher studies after doing law. Those days, even a five year law course was a luxury and we could not afford to think of any further education, coming from a big family. It is good to go for higher studies if one can get a good scholarship or afford it. However, it is not compulsory if one is planning to do litigation in India. Of course, higher studies abroad gives you wide exposure and analytical approach so it is very helpful. I never thought of civil services at any point of time since I always wanted to practice in a court of law.

    You joined the office of Mr. M. Panchapakesan upon completion of your law degree, with whom you had interned as well. What was the scope of work?

    On completion of my law degree, I continued to work in the office of Mr M. Panchapakesan. Initially, the scope of work was the same as it used to be during my internship. Eventually, he would ask me to prepare notes for trial and involve me in discussions with clients and in taking down depositions of witnesses while it was recorded in the court room, in order to review it in the evening. We also drafted plaints in simple suits and some applications. The working hours used to be 8.00 a.m. to 8.00 p.m. He would allow us to go home on Friday evenings. On weekends we would work full days on Saturdays and half-days on Sundays. It was a pleasure working there and he would always take good care of us. All other juniors were elder to me and they would take very good care of me, being the only girl in the office. They were all like my elder brothers and till date we are in touch like a family.

    How was it to appear in the court for the first time? Can you recall any specific incident?

    It was quite comfortable for me. I was not nervous at any point of time since I have always been confident and had no stage fear even while in school. Of course, whenever my senior was likely to be present in court, I would get nervous. The courts were also very congenial even in those days. I have great respect and regards for courts and judges but I never got scared. Once, I was moving a temporary injunction with a very senior lawyer opposing me. When he was not getting his way, he started saying things like women should not be seen raising their voices in court and that their place is in the house, to which I replied by saying that if he has any point in the case he can argue and that such statements are quite immaterial to the merits of the case. The trial judge also took exception to what he said, but I never got annoyed or lost my temper. I succeeded in the case. He was a fatherly figure and a great lawyer. After a few days, he became very affectionate to me and we both developed a very cordial relationship at the Bar. I only feel that one should never lose their temper in a court of law and one should always respect one’s opponent. After all we are not fighting our personal cases!

    How did you decide to move to New Delhi? What difficulties did you face initially? Would you say Delhi provides more opportunities than any other cities?

    I was in the trial court till the summer of 1992. I had just then started getting a few cases of my own, but it was difficult for women in those days to get cases of their own, especially in small cities. At that time few of my married sisters and two elder brothers were living in Delhi and my senior advised me that if I wanted , I could try my hand in Delhi and was welcome to join him back at any time if I felt uncomfortable. At that point of time my parents also thought that since my sisters and brothers were in Delhi, it would be easier for me. I had no difficulties in Delhi, though I came very reluctantly. Through my very best friend and his contacts I joined the office of Ms. Indu Malhotra, Senior Advocate (then an Advocate-on-Record).

    Delhi provides lots of opportunities, definitely better than any other city. Because you have trial courts, high court, administrative tribunal, MRTP commission (now Competition Commission, Competition Appellate Tribunal), CESTAT, Army Tribunal, etc. and of course the Hon’ble Supreme Court of India. So there is a varied practice and scope for every field.

    How was the experience of working with Ms. Indu Malhotra? How did it feel to interact with and brief some of the best seniors of those days?

    It was a great experience working with Ms. Indu Malhotra. She was one of the busiest Advocates-on-Record doing a lot of private work from Tamil Nadu, Kerala, Maharashtra, Punjab & Haryana, Himachal Pradesh etc. She was also the then Standing Counsel for the State of Haryana in the Supreme Court. That gave me a lot of exposure and I learnt how to draft Writ Petitions and Special Leave Petitions, do research work and brief Senior Counsels. We used to get a lot of appearance in court and that gave me ample opportunity. It was great to interact with and brief some of the best seniors of those days: Mr Kapil Sibal, Mr. Arun Jaitely, Mr P Chidambaram, etc. All these seniors would normally allow us to give our view points in every briefing and also discuss the strategy to be adopted while arguing the case. It gave me lot of confidence and exposure.

    In fact, once in the beginning, I had briefed a senior counsel where we were to oppose a stay in a Special Leave Petition as caveators, and the petitioners were represented by a batch of seniors. Those days, a caveator would never get a Passover when matters are called if the advocates for the petitioner are present. Even today many courts follow this practice. When this matter was called, the battalion of seniors were present for the Petitioner and I was seeking a Passover for our counsel since he was in some other court. Ms. Indu Malhotra was also busy in another court. But, the Passover was refused and the petitioner argued the matter for the interim relief. Due to the conference and guidance of the earlier day, I was successfully able to oppose the petitioners’ counsel and averted an interim order. This instance gave me a lot of exposure and it was only due to the experience of working with Ms. Malhotra.

    You then joined the chambers of Senior Advocate Mr. C.S. Vaidyanathan. What prompted this shift? Was there a change in the kind of work that was allotted to you?

    In August 1993, I joined the office of Mr. C. S. Vaidyanathan, Senior Advocate. Though I was learning a lot and getting to appear in court, I thought I had learnt Drafting to some extent and I needed to sharpen my skills in complete legal research and counsel work. I wanted to work under a Counsel so I could learn how to prepare arguments and improve my research skills.. So, I shifted from Ms. Malhotra’s office to that of Mr. CSV. The nature of work was different in the sense that there was no work involving the drafting of SLPs, going to the registry and briefing other counsels etc. Instead, we had to read files, which would come for the Senior Counsel engagement from different AORs, and prepare notes for the case and do research. We would participate in the conferences and prepare a list of dates and events and case law notes. Sometimes the briefs would arrive at the last minute also, so it was a learning of a different kind.

    Could you share with us any interesting case that you were a part of? How did you strike a balance between family and work?

    Mr. CSV is a fantastic and an amazing Senior Advocate. He is quick in his uptake, has wide knowledge and is a brilliant lawyer. There were several reported cases between 1992 to 1996 that he had appeared in, when I was working under him. There were several interesting cases. Amratlal Prajivandas case (SAFEMA case: 9 judges matter), Mc Dowell case etc., Jain commission after the death of Rajiv Gandhi were all good  and interesting matters where I got opportunities to learn.  I got married in the meantime, so I had to balance both family and office work. But, our working hours were not so bad and we had the flexibility to adjust our office working hours. My husband helped me a lot in all domestic work and so I was able to manage in office and at home.

    Did you require any preparation to appear for the Supreme Court Advocate-on-Record examination? How was the experience? What would be your advice to lawyers appearing for it?

    Yes. One has to plan and prepare for the AOR exam. I had put in a few hours of study every night for a period of about three months. I was not able to study on all days or do it at a stretch. In fact my son was born in 1994 and he was very small when I started preparing for the exam, therefore, it was difficult to concentrate and study. So I feel that a long time planning for few hours everyday will help one to pass easily. I was appearing for exams after a gap, so I was nervous while sitting in the first exam. Thereafter, I became comfortable. My advice to all the lawyers who want to write that exam is to read regularly and attend the classes conducted by the Supreme Court for this purpose prior to the exam. Answer all questions carefully and you can easily pass.

    What was your experience like, to practice in the newly established disputes redressal system under the Consumer Protection Act, 1986? How was it different, in terms of procedure et cetera from practicing in the Supreme Court and the High Courts? Which other tribunals do you appear before?

    I started getting cases in the National Consumer Disputes Redressal Commission. This is the apex commission which has now the jurisdiction for complaints more than Rs. 1 crore and also for appeals from State Commissions and Revisions. This has a summary procedure and evidence in original complaints are by affidavits only. It gives a quick remedy in respect of consumer disputes. It was a very good experience for me. In exceptional cases, they do send interrogatories. It is very easy to practice there if you are thorough with the Consumer Protection laws and related subjects. I used to appear in MRTP (Now Competition Commission, and Appellate Tribunal), CAT, and CEGAT (Now CESTAT).

     You seem to have been a part of cases involving sensitive issues like custody of children of warring parents. Could you share with us any experience?

    I have done a few custody cases. But, as a Mediator in the Supreme Court I have handled these more. They are very difficult to resolve and are usually fought bitterly. In matters of custody between husband and wife, the welfare of the child is always the paramount consideration.

     What responsibilities did you have as a panel lawyer for the Government of India? What exactly does a panel lawyer do? What kind of cases did you handle as a panel lawyer?

    I have been in the panel for the Central Government for many years. The nature of work differs from one panel to the other. There are drafting panels and appearance panels, and I am in the Senior appearance panel. We get the matters and we have to always be ready to appear. In case the law officers are not able to attend we will have to argue. I have handled various subjects like civil, service, criminal, narcotics, prevention of corruption cases, and constitutional law matters etc. It gives a great exposure and wide range of work experience.

    Could you tell our readers about the pro bono and socio-legal work that you have done? Do you also have any academic interests?

    I have been a panel lawyer for the Supreme Court legal services committee and did a lot of matters during 1996-2013. Now, I appear pro-bono for accused in the criminal matters concerning murder appeals, etc. I have been appointed as an amicus curiae by the Hon’ble Court in several matters-both civil and criminal. Other than that, I am a mediator in the Supreme Court. I attend cases in mediation for resolving disputes when they have been referred by court. These are all pro-bono.

    I like to read a lot. I used to be an honorary editor for the Supreme Court Reports (SCR) earlier. Now they have their own editors.

    You were recently designated Senior Advocate by the Supreme Court. Please tell us a bit about the appointment mechanism for our curious readers.

    I was designated as a Senior Advocate by the Full Court of the Supreme Court of India on the 23rd of April, 2015. As far as I know about the mechanism, we have to apply stating our experience and range of practice in sufficient copies to be circulated to the Hon’ble Judges. Then there is a mechanism by which applications, which have some minimum number of recommendations from the Hon’ble Judges, are taken to the Full Court meeting. Then there is a voting procedure by which it is determined.

    What all do you think led to your appointment as a Senior Advocate? Are there any specific benefits of being a senior? Is there a radical shift in the workload?

    I think hard work, sincerity, dedication, and consistency are some of the essential requirements. You also need a lot of blessings from the Almighty, your parents and elders. J There are no specific benefits of being a senior. In fact the responsibility is even more now. Of course, the nature of work is very different. Now, I neither need to do any drafting, nor write letters to clients! My nature of work is to prepare and argue cases, give opinions, settle pleadings etc. Sometimes briefs come in the last minute, so work pressure varies.

    There are very few women Senior Advocates in the Supreme Court. What are your views?

    Yes, there are very few women seniors in the Supreme Court. I feel that the general tendency has changed now. People have started recognising women lawyers and their good work. But there should be more designations and elevations from the women’s section. Women should also work harder and continue to work with sincerity and dedication. I am sure there is scope for everyone with hope, hard work, consistency and dedication.

    How can students wishing to intern under your valuable guidance get in touch with you? What qualities will you look for in an intern?

    I encourage interns and they can always write to me on my email if they need an internship. I look for interns with positivity, willingness to learn and work hard and with some basic knowledge of the subjects which have been taught in college so far. Honesty and sincerity are some of the essential attributes I look for in any intern/lawyer.

    The quintessential question: the NJAC or Collegium for appointment of judges?

    I will not be able to answer since I have been a part of the team on behalf of the Central Government in that matter and the judgment is awaited.

    What is your message for our readers, especially those who aspire to do counsel practice? What hurdles should they expect and what are your tips to tackle the same?

    My message to the readers is: Learn your lessons in college well. Read regularly. Read law related books and articles whenever you get time. Work hard and be sincere. Develop your communication skills and improve your vocabulary.

    Being argumentative does not mean that you will be a good lawyer. You have to be clear in your thoughts, talk only when needed in court, read latest case laws and developments in the law. Be good to all colleagues and be respectful. Dressing well does not mean dressing expensive. Make a good appearance, be healthy, and maintain discipline. There is no short cut to success. The legal profession is highly competitive. In case one is very serious and hard working there is a lot of scope.

    More than winning the cases one has to be honest and sincere to the client, and the court, work hard and suggest the best possible solution for the clients. People don’t come to us overnight. It takes many years, so be patient. Even if there is only one case, one has to take it seriously and do their best. There is a lot of work out there and if one wants to excel there is ample scope.