This interview has been published by Anshi Mudgal and The SuperLawyer Team
What inspired you to pursue a career in law, and how did starting as a law clerk for Justice Kurian Joseph at the Supreme Court shape your early understanding of the legal profession?
From a very early age, I was fascinated by the concept of law, justice and the judiciary. Conversations about justice, ethics, and the intricate workings of the legal system would often surround me. I would often visit the courts or spend time in my father’s chambers. It was all these things coupled with the conversations that generally happened at home that played a monumental role in piquing my interest in Law. His thriving practice, a short stint as a Sessions Judge, and power-packed career as a special prosecutor painted a vivid picture of what I wanted my tomorrow to be.
Over the years, my father encouraged me to look at multiple viewpoints or to think critically. I would look forward to the lengthy dinner-time discussions with him, where he would dissect varied matters and he would explain to me the nitty-gritty. I can recollect the lengthy discussions that would span over a few hours to a few days over civics lessons relating to working of the parliament and the judiciary, etc. Though I could grasp only as much in my nascent years, early interactions with several legal luminaries and their working etiquettes taught me that law is more than just a set of rules- it is a breathing, evolving framework that shapes the society. This was enough to gravitate towards the profession.
Now for the second part of your question, I want to tell you after graduating from Symbiosis Law School, Pune, I was fortunate to work as a judicial clerk cum research assistant with Justice Kurian Joseph, a former judge of the Supreme Court of India. As a raw professional, learning from a noteworthy Supreme Court Judge was an unforgettable experience that was instrumental in paving my legal journey from there. My responsibilities involved undertaking extensive research (they could sometimes get pretty daunting) and learning how landmark judgements come into existence. I remember sitting in the judge’s library of the Supreme Court on many occasions for hours like once we had to look at the Cooperative Societies Act of all the Indian states to find out which states have the provision to recall the elected nominees or during the NJAC case when we had to look at all the countries of the world how they appoint their higher judiciary. I used to be pleasantly surprised as Justice Joseph would spend quality time with all the clerks and interns, providing feedback to our research and perspectives to the cases argued in front of his bench on that day. I also had the opportunity to watch the country’s best lawyers showcase their impeccable court craft and legal acumen. It was like a dream brought to life for an aspiring counsel like me.
However, something else about him will forever be etched in my mind and soul. My precious takeaways were that I could closely observe his dedication, discipline, work ethic and eye for the most astute and acute details. I would love to tell you how on a couple of occasions he would take Suo Moto cognizance of Delhi’s most neglected causes like the case of the deplorable conditions of the Delhi public parks. In my interview he had asked me questions about the lesser-known fundamental duties, something which the law students generally miss out on while learning constitutional law, and the fact that he has authored a book on the same shows his eye for detail. The way he made the work look effortless is evidenced by the fact that he was a very vibrant judge and has authored 1110 judgements, the 10th highest among all the supreme court judges till today. Working under a visionary like Justice Kurian Joseph sir not only broadened my vision horizon but was also instrumental in shaping my core principles.
You’ve mentioned providing pro-bono legal services. What drives you to take on such cases, and how important do you think it is for lawyers to contribute to access to justice for all?
There is a quote by the American author, Raymond Chandler,” The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons – and are also lucky – justice may show up in the answer. A mechanism is all the law was ever intended to be.” And I swear by it. As an officer of the court and a member of the legal fraternity, I feel, the importance of public trust in the judicial system is paramount. People will put their faith in the legal system only if they believe in it. The access to the justice system shouldn’t be restricted to the top 1%; it must also extend to the remaining 99%. More and more people need positive experiences with the system to build trust and to retain it. Hence, many litigants who cannot afford the best legal services but fight for just causes need to be seen and heard. I genuinely believe that, as lawyers, we are the voice of the common man who stands behind the closed doors of justice waiting and hoping for the miracle to happen.
It is about giving back to society. Do you know that once, while working at the office of Mr. Sidharth Luthra, he asked me if I knew why lawyers with extensive practice opt for the bench, the positions like the ASG/SG/AG, or undertake pro bono cases? After a few moments of pondering, he told me they want to make society a better place for their children. These words have never left me and have acted as my compass as I walk this journey.
With such diverse experience, what would you advise young legal professionals who are just starting their careers and aim to navigate the complexities of litigation?
As a budding lawyer or a young professional, you must explore various fields before finding your true calling. As popularly quoted by Julian Assange — ‘What we know is everything, it is our limit, of what we can be.’ So, budding legal entrants should try to know everything to find out where and how they can channel themselves.
My father’s wisdom often reminds me that law is prudence- it is a manifestation of common sense. It revolves around what a person of normal prudence would do in a given situation. This practical, judicious perspective is the foundation of interpreting any law.
One common myth I encountered early in my legal journey was the idea of ‘Sundays in litigation’. There is a very famous interview of a Senior Counsel who has said that there are no Sundays when you work at a litigation office. It is absolutely true. While the entire week goes attending to matters in court, weekends are spent in litigation offices drafting and conducting conferences. It’s a life of dedicated hard work and discipline. I believe, success in litigation is not about being a born genius, but about years of hard work, dedication, honesty, patience, integrity and self-belief. In the end, like my father says, law is just common sense.
As far as my journey as a young professional goes, my clerkship at the Supreme Court was immensely helpful. I took lessons in court craft from the country’s best counsels which was through self-learning as they argued in front of the court. I would say, that for those who don’t have time to invest in clerkship, spend some time sitting in the court halls and observing the court proceedings— that is where the best learning experience lies. One should also invest time in learning about the trial court proceedings even if you aspire to practice in the appellate courts. If you are unaware of how the artist performs critiquing the art, is something you cannot self-learn. Keeping up with the latest judicial pronouncements by the High Courts and the Supreme Court is something that you can’t miss on this journey. These are the basic blocks to making a career as a sound counsel.
You’ve worked on both prosecution (such as the 1993 Bombay Bomb Blast case) and defense (such as the Kamala Mills fire case). How do you balance these two perspectives, and what key lessons have you learned from each side?
Once you get a decent grasp of the law, you realise that defence and prosecution are just two sides of the same coin. It is a matter of perspective. A good litigator should be able to anticipate both the prosecutor’s and defence’s arguments trajectory. It’s like when you argue at the Writ court, there are several parties involved. As a legal counsel, you must safeguard the client’s interests while also keeping an eye out for the bigger picture.
At the trial stage, the prosecutor shoulders the most challenging task. As per the Supreme Court, the prosecutor’s job is to assist the court to come to a judicious conclusion, but in reality, it involves proving every fact in the chargesheet beyond a reasonable doubt. This requires presenting the entire chain and sequence of events with utmost precision while the defence attempts to discredit their narrative.
The defence tries every trick in the book to get some relief for the undertrial accused persons. I remember in one of the recent trials the defence lawyer did everything in his ability to delay the trial and he also argued on the fact about the continued delay to try to secure bail. The issue of systemic delays in courts in India has become so rampant that the courts have laid down precedents to avoid punitive detention of the undertrials. But the same is now being misused in this fashion. While the prosecutor is proving the charges, he also has to counter the defence’s attempt to take undue advantage of the systematic delay. Balancing these multiple counteracting factors while being fair to the accused is akin to balancing on a tied rope.
The job of a defence attorney is akin to that of a hawk. They must meticulously examine the entire prosecution story, searching for the weak links that can be exploited without disturbing certain aspects of the prosecution’s story. As a defence lawyer, you align with the prosecutor until it doesn’t incriminate you, and you must converge just enough to avoid liability. The goal is not to disprove the whole theory but to create enough doubts to hint at the fallacies in the prosecutor’s premise.
Practically, therefore, it’s not a difficult task to balance out the two perspectives and as a lawyer, professionally, you should not let the moral compass get in the way of your balance.
How did pursuing your LL.M. at Queen Mary, University of London, enhance your understanding of international legal systems, and how has that influenced your practice in India?
Pursuing my LL.M. at Queen Mary, University of London, significantly enhanced my understanding of international legal systems. The program allowed me to interact with peers representing different nations and learn from globally renowned professors. This exposure broadened my perspective on legal frameworks in various jurisdictions, particularly in the context of commercial law and arbitration.
When the Supreme Court faces any legal dilemma, we look up to the legal frameworks of other international jurisdictions to find solutions, especially the commonwealth countries. Similarly, a commercial law-arbitration comparative study assists in determining how the law is going to evolve.
Studying alongside brilliant legal minds from multiple jurisdictions allowed me to gain insights into how different courts behave and interpret laws. Understanding these differences has been invaluable in my practice in India, especially when dealing with cross-border disputes. It has also helped me navigate the complexities of international arbitration and work towards establishing uniformity in interpreting and implementing arbitration awards.
Overall, the experience has equipped me with the knowledge and tools to navigate the complexities of international legal systems and apply comparative insights to my practice in India.
Looking back on your career so far, what do you believe is the most significant impact your work has had on your clients and the legal system, and how do you hope to continue shaping the legal landscape moving forward?
Every small relief we secure has a profound impact on the lives of the litigants. For them, it can be a life-changing moment. We deal with people’s lives, and it feels like a lifesaver when you bail out an innocent person or secure an acquittal. A favorable judgement not only impacts their life but also extends to many more lives dependent on them. I recall a case from Kolhapur in which I had taken pro bono. The accused and his father had killed the accused’s brother over a property dispute, leaving three women in the family without any support or protection. We fought tirelessly to get his bail rejected, knowing that this rejection order meant saving the lives of those three women. For every client, each order we secure makes a significant impact.
There was another case in which, as sad as it may sound, a 13-year-old girl was molested by her own uncle. The accused secured anticipatory bail from the trial court within a week without notice to the victim. We approached the High Court to get his anticipatory bail cancelled, even the Supreme Court refused to grant him protection and thereafter he was finally arrested.
However, there are many systematic delays which happen in the judicial system. So many times, the essence of the order is only when the court decides in a time-bound manner. Otherwise, the impact can be subdued or the meaning entirely lost. Hence, I strive to resolve matters as early as possible through my work. I do not believe in unnecessary adjournments to fuel selfish goals. There have been instances when I have secured an ABA from the Bombay High Court for a client within 4 days from the filing date. I try and minimise systematic delays at my end as much as possible. Sometimes, the delays are imminent, but as an officer of court, you can at least try. A pioneer of this can be Justice Kathawala, who sat till 5:00 AM on the day before Diwali vacations. Not that in one day he could solve the issue of pendency, but everyone deserving relief on the day got one which could have been prolonged for a month at least.
The unfortunate reality is that many have lost faith in the country’s two limbs, but there is still hope in the efficacy of the judiciary system. It is crucial that justice is not just done, but, done in a timely manner. Justice delayed is justice denied, and it is only by ensuring timely justice that we can restore faith in the judiciary and uphold the rights of every individual.
With your busy schedule and involvement in high-profile cases, how do you unwind and maintain a work-life balance? Are there any specific hobbies or activities that help you recharge?
As a litigating lawyer, I know that there are effectively no Sundays. But everyone deserves and needs that breath of fresh air now and then to keep re-fueling the inner juices. But, as we are city dwellers, there is a way to escape. Hence, as litigating lawyers, court vacations must be spent out of your residential town, somewhere you can’t be disturbed. I love travelling. I travel with my wife on longer weekends and during court vacations. It helps me ease out of the monotone.
When time is short, I turn to simple activities like swimming or running. These acts of self-care can work wonders, refreshing and rejuvenating the mind, body, and soul. There’s something almost therapeutic about a peaceful run or a swim before starting a hectic day, it’s like meditation. And on those rare days when I wrap up early, indulging in OTT content is my guilty pleasure. On rare occasions, I also love to don my chef’s hat and cook up a storm. Finding time for these activities and also indulging in meaningful conversations with my law school friends keeps me grounded during this journey.
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