This interview has been published by Namrata Singh and The SuperLawyer Team
Could you share what motivated you to pursue a career in law and how your journey began, especially your initial experiences in the legal field?
I am a second-generation lawyer, many people think that it is only because my father is an Advocate, that I have come into this field. It is partly true, watching him as a kid has always been the real source of inspiration. But I always wanted to be into Sports, to be honest. I have played at National Level Cricket, but being in the shoes of an Advocate is something I have always been passionate about. And if I rightly remember, I have been visiting the Court since I was 6 years old.
Reflecting on your early career, what were some of the significant challenges you faced when you first started practicing, and how did you overcome them?
After completing my LLB degree, I simultaneously pursued my education in Diploma in Corporate Law and a Diploma in Housing Law. I also worked with a Real Estate group that was engaged in buying and selling of properties that initially had my liking. However, I completed my LLM from University of Glasgow, Scotland and I intended to work in the United Kingdom itself. But maybe it wasn’t destined. I came back to India and immediately went to Mumbai and joined Jaykar and Partners. It was a good experience. One fine day, I got a call from my close friend who was facing multiple cases, and since the “fee” part wasn’t the initial criteria for me, I took up his cases and that’s how the real journey began. Contrary to what others think, my father did not entertain me in his firm, which I believe was a good decision. As of the challenges you may ask, yes, it was difficult, I used to take guidance from many friends and seniors who sometimes did guide well. The truth is, you never find perfection in practice, there is nothing called stability, l or fixed income, there are always going to be downfalls, it depends on every individual how sportingly he takes it and faces the situation. For me, I have always taken it positively, as the legend says, every Storm is followed by the calm.
How did your time at the University of Glasgow, particularly studying LLM in International Commercial Law, influence your approach to legal practice and contribute to your expertise in handling complex cases?
There is a vast difference between studying LLB and LLM, on top of it there is a huge difference between the LLM in India as well as the LLM in Scotland. The LLM courses in the United Kingdom also differ from university to university. Just as any other ordinary kid, I was guided by the Consultancy firms to opt for a good university. In 2013, University of Glasgow, School of Law ranked No. 1. It was but natural I opted for taking admission there. The course was indeed difficult, but you learn through the course. Not just in studies, I had the opportunity to meet new people and explore new opinions, new cultures, new traditions, and new concepts and I also found small-time jobs where I made new friends. All this affects our thinking plus the Dissertation studies also helped me a lot to work on research techniques. In real life, these things help a lot. In simple words, you find out that to reach the top of the mountain, there are multiple ways, you just have to find the right ones. In situations of studying and appearing complex and complicated cases, sometimes hiring an expert along with you always gives a new direction and a new perspective with experience of course.
You were awarded the Cyber – Techno Legal Pioneer award in 2021. Could you elaborate on the contributions that led to this recognition?
When I begin my practice, initially I only wanted to work in the Corporate field and that was the exact reason I completed my LLM in Commercial Law and I joined a corporate firm. But down the line, handling my friend’s case and the cases referred by friends and relatives, had a variety in them. From Civil disputes, Matrimonial Disputes, criminal cases, etc., to mediation, all of this variety pushed me into the different types of matters which were neither of the same nature nor similar facts. Since I did not completely understand the law regarding electronic evidence or I would say there was not much awareness about the same in the beginning of year 2015, I started researching on the authenticity of electronic evidence. In this phase, cyber frauds had also started to begin, and this was something worth exploring. I started to handle matters that had the part of electronic evidence, electronic records and areas that covered the Information Technology Act. It is here I received appreciation from the legal fraternity, including Police officers who would also call me up and ask for guidance. I have in fact delivered over 75 lectures to various colleges and institutions which covers the topic of Cyber Crimes. The word quickly spread and it’s here. I came into contact with Dr. Rohan Nyayadhish who recommended my name for the Cyber-Techno Legal Pioneer Award in 2021. It felt really good.
With over 1000 cases handled, can you discuss a particularly challenging case and what unique legal strategies you employed to achieve a successful outcome?
Well amongst thousands of cases that me and my firm have handled, we dealt with a case of rape and bigamy. There has been a long debate as to whether Matrimonial Rape is punishable or not, but this unique case we dealt with was regarding Bigamy and cheating as well. So whether this can amount to Rape (having sexual intercourse with a second wife), was a real question. Although the Indian Penal Code defines Consent, in this case, we had to research the very concept of “Consent” obtained by deceit and fraud. The case was almost 13 years old and because of the strict guidelines of the hon’ble High Court, this case was expedited to be concluded within 3 months. The prosecution testified several witnesses to prove every section in isolation and I had the opportunity to cross-examine them at length. This case also had the angle of Information Technology where we challenged the “65B certificate” as it was not in proper format. We succeeded in getting our client acquitted because of various lacunae of the prosecution and the failure by prosecution to prove the “fraudulent intention” of our client.
How do you see the role of technology evolving in the practice of law, particularly in the areas of criminal and cyber law, and what steps have you taken to integrate technological advancements into your legal practice?
Technology has become a basic need for our human society. Hate it or love it, you cannot ignore it. With the Rapid growth in digitalisation and the courts also moving towards adopting the good uses of Artificial Intelligence, there are going to be several challenges to not just the Courts, but also to the investigation agencies and this also means a good area of practice to all the lawyers to explore. Since the implementation of mandatory e-filing and the requirement to upload every application online first, we have no choice but to work in hybrid mode. So we have to adopt what is existing and although there is no smoothness in the work as yet, it will eventually become normal, we have to go with the flow and adopt the changes. For the basics, getting a good-sized semi Commercial Printer Scanner Xerox machine is what every lawyer needs along with a good speed Internet and a good Mobile Tablet with a good camera. This has been a modern-day basic in practice.
You’ve been a guest lecturer on various legal issues at numerous prestigious institutions. How has this experience contributed to your professional growth and understanding of the law?
I have delivered lectures to various institutions on various topics. Every time I have to deliver a lecture, I make sure to give at least 2 full days for its preparation. I also prepare a PPT which gives the listeners an ease in understanding the concept. Once again, before any lecture, what I do is research. This is something I have learned during my LLM course and this has helped me alot to sharpen my own knowledge. To simplify it, the more and more books you read, the more and more you understand a concept and then you can explain it to the others which again sharpens your knowledge. Delivering lectures is stressful, but the sense of satisfaction that I see on the faces of the listeners at the end of it is everything that matters. In all my lectures, the only thing I try to do is, Keep it simple.
Working with a team of 17 advocates and 6 interns at Patil and Mantri Associates, how do you ensure effective collaboration and maintain high standards of legal practice? And what advice would you give to young lawyers and law students who aspire to specialize in criminal and cyber law?
To all the students, aspirants and upcoming lawyers and freshers reading this, I would suggest you, welcome and be open to collaboration on a sharing basis. You cannot become a master of all the concepts overnight. Law is vast, but you can always be smart enough to accompany another advocate who has an expertise in that matter and work alongside them for the benefit of your client and a fair amount of professional fee. With the debate going on in various parts of the country over the stipend, I would suggest you to aim for higher. “Stipend” will cut off your wings and settle you down for less, but working together along with an advocate or your friend on a sharing basis will yield better fruits. Once you are into a good experience, take up pro-bono matters, work for legal aid and use your experience, expertise and knowledge to give back to society. To the lawyers, I advise you to read a lot of articles, case laws, judgments etc and observe the cross-examinations in Trial Court, do not jump to higher courts. And to the law students, I would suggest in addition to all of these, participating in the Moot Courts, it helps.
You’ve mentioned interests in activities like gym and American football. How do you balance these personal hobbies with the demands of your legal career? Please share how important it is to unwind yourself from work?
Well, I do have a lot of interest in staying fit. I have been into sports since childhood; I have played National Level Cricket and have also for a brief period, been into kickboxing. I have also held the Vice-president post for Wako Kickboxing Trust, Pune and I suggest that every lawyer must give at least an hour of his busy schedule daily to work on his body. A good appearance and a wonderful personality is a positive energy. A positive energy keeps the mind calm and open to learning new things. No man on earth is so busy that he cannot give time to work on his health, so please make sure you stay fit. Be it any sport you love. Do not settle for less.
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