This interview has been published by Anshi Mudgal and The SuperLawyer Team
Given your extensive expertise and experience, was law always your first choice of career, or did your path evolve over time? Could you share some key moments from your academic journey at National Law Institute University, Bhopal?
Law was never my first career choice. I even prepared and appeared for engineering entrance examinations, including IIT JEE. Law happened completely by happenstance. My father heard his colleagues including a District Magistrate speaking to another colleague (in the context of his son’s higher education) about entrance examinations of National Law Universities which, in their words, were like the “IITs of Legal Education” and if one could get through such NLUs, they would have a very bright career. After enquiring further with the said District Magistrate about the NLUs and the entrance procedure, my father, in the evening broached the possibility of my appearance for law entrance examinations. In a way, law immediately sparked my interest, and I immediately went to the so-called ‘cyber-cafes’ of those days and researched further about the scope of the entrance examinations and how I could prepare for the entrance examination. I then came across Law School Tutorials (LST) and ordered their study material and started my preparation. I subsequently qualified the entrance examinations of Symbiosis Society Law School, Pune, Army Law School, Mohali, GGSPIU, NLIU (Bhopal) and several other entrance examinations and eventually joined NLIU, Bhopal, after briefly enrolling and studying at SSLS, Pune. So clearly, the road that led me to law evolved over time.
After completing your law degree, what motivated you to pursue an LL.M. at Queen Mary University of London, and how did it enhance your previous education? Can you also share your experiences and the differences you observed in their teaching pedagogy?
I was of the firm belief that at all times after you graduate, you must either be in the pursuit of earning or learning. I had been harbouring this desire to pursue an LL.M. right since I graduated. When COVID-19 struck, I took this opportunity and enrolled myself for an LL.M. in International Dispute Resolution at QMUL, UK. It was very hard to keep up with the expectations of the teachers in terms of the pages to be read per day, despite the substantially reduced work pressure but I somehow managed to graduate with Merit. The biggest difference in the teaching pedagogy between the two great institutions was that at NLIU, at the undergraduate stage, the focus somehow remained more on foundational, theoretical, lecture-based learning while at QMUL, in the graduate programme, stress remained on in-depth analysis, critical thinking, and practical understanding of key concepts. There was no scope of securing good marks at QMUL, if one did not understand the intricacies of the key concepts concerned. Mostly the questions were in the form of real-life situations and one was supposed to write a suggestive note as to what one, as a Counsel, would have advised one’s client in the fact situation concerned. The other key difference was in the method of marking and evaluation at QMUL. Upon the end of the evaluation of the answer sheets, at QMUL, we would not only receive the marks but also detailed comments from the evaluating teachers which would further help us acquire an in-depth understanding of the concept and also help us understand where we lacked in the evaluation of the given factual situation. That was, in my view, a game-changing aspect. If one would not understand what one could have done better, one would commit the same mistakes again and achieve the same range of marks. However, a clear understanding of the areas where one could have done better in terms of expression or otherwise, would always promote a deeper learning of relevant concepts.
In the early stages of your career, you must have encountered various learning experiences. Could you share some of these with aspiring lawyers? Additionally, what prompted you to start your own practice, and what were some of the initial challenges you faced in establishing it?
I would like to first underscore the importance of the answer to this question for your readers. Please note that this is the most important and relevant part of this interview, from the perspective of an aspiring lawyer or a law graduate. I was indeed exposed to many learning experiences, especially in the early stages of my career. I would begin with saying that the early stages of a lawyer’s career can be analogically likened to the early stages of development of a child. One needs to have an extremely inquisitive and childlike approach towards learning the law and the legal procedures in the early stages of one’s career. The first year was mainly about familiarising myself with the procedures and practices at the Hon’ble Supreme Court, the Hon’ble High Court, the District Court and the various buildings and rooms that formed a part thereof. I, fortunately, had a senior from my college who was working as an Associate at the first chamber I joined immediately after graduation. I used to pose at least 100 questions to him on a daily basis in the course of our daily trips to the court. He was very patient with me and answered all my questions with calmness and ease. Thanks to him, I quickly understood the basic legal procedures, including but not limited to the courtroom etiquette, which side of the dias to stand on when representing either side, how to give appearance slips to the court staff, how to hand over documents/judgments at the bar, the position of the various courts, the important offices of the officers of the registry, how to inspect the file etc. It is very important to have gone through the grind yourself at the initial stages because if you haven’t done something yourself once, you’ll never get to understand the procedure in detail and will encounter issues even while delegating it to your juniors/clerks in future.
One of the early learning experiences taught me to show up at the courts at least 15 minutes before the designated court commencement timings to avoid missing your matters and eventual embarrassment, regardless of the position of your matter on the causelist. In my initial years, a matter was listed at item no. 42 in a cause list listing a total of 70 matters for consideration of the Hon’ble Court. Assuming that the matter would certainly not be called out in the first hour, I turned up at 11:30 am instead of 10:30 am when the court concerned would commence the hearing. Much to my surprise, the matter had already been called out and taken up. Upon enquiry with the court master, I learnt that between Item no. 1 and 42, there were two connected batches cumulatively concerning 35 matters and that the rest of the matters had been passed over and therefore the matter came up for consideration earlier than expected. I had to wait till the court had taken up all the other matters and was to rise when I mentioned my matter and got my presence recorded and thankfully prevented any harm to the client’s interests.
Through one of the other learning experiences, I learnt to not take pleadings casually and to be absolutely accurate with the words while drafting pleadings. In one of the cases being conducted by one of the Advocates I was associated with in my early years (who held the brief for the defendant), I observed that while denying the pleadings of the plaintiff in the written statement, instead of the word ‘plaintiff’, the word ‘defendant’ was wrongly used. The enormity of the consequence of this inadvertent error was such that a civil suit filed by the plaintiff was decreed, under Order XII Rule 6 of the Code of Civil Procedure, 1908, on the sole basis of this inadvertent ‘admission’. This caused immense loss to the client and massive embarrassment to the concerned Advocate. After learning this important lesson, I haven’t ever filed any pleading/statement in any case without reading it at least thrice and believe you me, I have found some mistakes even in the third reading. I feel there is no other way to ensure accuracy. I further think that as an Advocate, you shouldn’t be making careless mistakes. You are paid not to make mistakes by the client. As such, you must conduct your cases with a heightened sense of responsibility.
Another learning that I drew from the whole episode was that one should keep one’s eyes and ears open and learn from the mistakes committed by others, without waiting to commit a mistake oneself, at the expense of one’s client.
Lastly, through another experience that I had with a client, where the client abruptly denied a clear understanding which I had with a client, I learnt that an Advocate should record the understanding arrived at with the client in regard to any aspect of the matter being handled for the client. Before filing pleadings/statements on behalf of the client, one should always email it to the client and ask the client to read the same in great detail and then respond to that email with an instruction to file the same if the same is in order. In my experience, following this practice will certainly save a legal practitioner from many embarrassing situations on more than one occasion in future. Further, in answer to question at serial no. 8, I have enlisted many other useful lessons I have learnt in the last 15 years as an Advocate.
In so far as the second part of your question is concerned, there comes a stage in every lawyer’s life when you feel that you’re ready to take the plunge. The stage is usually marked by reasonable confidence that the lawyer would be able to handle a given matter by himself/herself before the court and that he/she will be able to sustain his/her basic expenses without any external help. When I got reasonably sure in regard to both the aspects mentioned above, I took the plunge into private practice, in October of 2015 and god has been kind ever since. I always tell my associates that the biggest challenge in advocacy is not advocacy itself, but the art of dealing with the clients so as to ensure that the clients pay up your fee well in time and your relationship with your clients remains cordial and transparent, built on the edifice of trust. In this regard, please note that the issue of fee should be discussed and settled soon after the client has conveyed his decision to hire you, without any delay. There should be no hesitation in discussing and settling fee with the clients at the earliest opportunity. I realise that this is easier said than done and that it takes years to get good with this but this is one of the most important aspects of advocacy. That said, the other biggest challenge which you have to overcome in setting your own practice is to get enough clients to sustain your practice and to grow it sustainably. You may be an exceptional advocate, but you don’t get to display your skills unless you appear before Courts frequently and that doesn’t happen unless you hold enough briefs for your clients to make that happen. The initial challenges for me too, therefore primarily pertained to having a good number of clients, getting those clients to realise the value of my legal advice and getting them to pay up my fee on time.
Having represented clients in both domestic and international commercial arbitration, could you describe one of the notable cases you’ve worked on, especially your experience in the ICC Arbitration in Zurich?
The international arbitration matter between an Austrian Company which was represented by me and a government organisation functioning under the aegis and administrative control of the Government of India, deserves a special mention here. Brief redacted facts were that my client was an Austrian Company which, along with its Indian Collaborator, supplied a complex chemical plant to a government organisation. The contract subsequently ran into rough weather and our client issued a Request for Arbitration [RFA] to the said government organisation, in accordance with the terms of the contract and the ICC Arbitration Rules [ICC Rules]. The seat of arbitration was Zurich and the other side was represented by a well-known and established Indian law firm which was substantially bigger in size than our team. The valuation of the subject matter of this arbitration was in excess of Rs. 1000 crores. We first represented the client before the Hon’ble Delhi High Court and obtained a stay against encashment of the client’s bank guarantee. This reaffirmed the client’s faith in us and led us to represent the client in the entirety of arbitration proceedings. The arbitral tribunal comprised of 3 members, including a former Chief justice of India, and a German engineer as co-arbitrators and a lady from Beirut, Lebanon, as the chairperson of the tribunal. The arbitration was administered under the aegis of ICC and governed by the ICC Rules. We had the hearings of this arbitration at Zurich, Paris and London and eventually succeeded in the case. Our claim was largely allowed and the Respondent’s counterclaim was dismissed. The victory was significant and it sparked my interest in arbitration which would become a lifelong association in times to come.
You have significant experience in sports-related litigation. Can you discuss some landmark cases you’ve handled involving National Sports Federations and the Indian Olympic Association?
I was introduced to sports-related litigation by a dear friend of mine in the year 2020 and since then, it’s been a constant in my practice. I have represented/advised the Kho Kho Federation of India, the Handball Association India, the Rajasthan State Olympic Association, the UP Olympic Association, the Pondicherry Olympic Association, the Delhi State Kabaddi Association, and famous discus thrower in a wide array of legal proceedings, including proceedings before Hon’ble Courts/arbitration tribunals. One of the landmark cases that I’ve been a part of is the PIL bearing W.P(C) 195/2010, titled “Rahul Mehra vs. Union of India and Ors.”. In this matter, I represented KKFI, which was an impleadment applicant. By way of the judgment dated 16.08.2022, a division bench of the Hon’ble High Court of Delhi held that the National Sports Code is applicable to the Indian Olympic Association and the National Sports Federations along with their constituents. The Hon’ble Court further extensively dealt with and ruled on various aspects of the administration of the Indian Olympic Association and National Sports Federations including the validity of permanent posts like life president in IOA, differential voting rights to National Sports Federations and State Olympic Associations in IOA, the applicability of Model Election Guidelines, the applicability of age and tenure guidelines on members of the Executive Committee of NSFs and IOA, size of the Executive Committee, eligibility of a person against whom charges have been framed to contest the elections. Though the judgment is under challenge before the Hon’ble Supreme Court, it makes for an essential read for every sports lawyer in the country just for the ground it covers in the realm of sports regulation and administration.
The said judgment was challenged by the Indian Olympic Association before the Hon’ble Supreme Court by way of SLP(C) 14533/2022. In the said matter, the Hon’ble Supreme Court initially appointed a one-man committee headed by a former judge of the Hon’ble Supreme Court tasked with the mandate to suggest amendments to the constitution/Memorandum and Rules of the Indian Olympic Association. The said committee held public hearings at the Jawaharlal Nehru Stadium, which were attended by all stakeholders including the representatives of the National Sports Federations and State Olympic Associations. I represented the Kho Kho Federation of India, the Handball Association India and the Rajasthan State Olympic Association at the public hearing. The matter is still pending adjudication before the Hon’ble Apex Court and I am fortunate to be representing the Kho Kho Federation of India and the Handball Association India who are the impleadment applicants before the Hon’ble Apex Court in the said matter.
Another seminal sports-related litigation was a challenge to the elections of the then President, IOA by way of a civil suit for Declaration preferred by an eminent sportsperson whom I represented. The matter was hotly contested with several senior counsels representing either side. The matter went on for a couple of years and was ultimately rendered infructuous midway as the then President, IOA, voluntarily resigned from the said position before the end of his term and the matter was rendered infructuous as the desired objective was achieved before the conclusion of the trial.
With your background in sports law and international arbitration, how do you foresee the future of sports law in India over the next 5-10 years?
I foresee great developments for sports law showing up on the horizon. As of this day, the sports organisations, principally being the Indian Olympic Association and the National Sports Federations are regulated by the government through the Ministry of Youth Affairs and Sports [MYAS] by issuance of executive instructions, circulars and letters which are binding on the NSFs and IOA. A compilation of such executive orders, instructions, circulars, and notifications issued by the government over a period of time, created in the year 2011, came to be referred to as the National Sports Development Code of India, 2011 [National Sports Code]. The National Sports Code has been holding the field to date. However, recently, the MYAS introduced the Draft National Sports Governance Bill, 2024, which was also put up for public consultation in the recent past. The bill proposes many reforms, making provisions for establishment of Sports Regulatory Board of India to regulate and supervise the National Sports Federations (NSFs); establishment of an internal grievance mechanism for athletes and coaches; establishment of an Appellate Sports Tribunal tasked specifically with the objective of adjudication of sports-related disputes, reservation for women and sportspersons of outstanding merit [SOM] in Executive Committee posts; establishment of Athlete’s Commission; relaxation of eligibility criteria for contesting of Executive Committee posts for wider representation. Once the National Sports Governance Bill, 2024 is promulgated into law, it is going to revolutionise the administration and regulation of sports and herald a new era of sports development in India.
How do you manage the complexities of handling a wide array of civil and criminal matters at the Supreme Court of India? Can you share an example of a particularly interesting case and how you addressed the challenges it presented?
My practice before the Hon’ble Supreme Court of India is mostly confined to matters on the civil side. That said, one can manage the complexities of any case, one handles, with an in-depth knowledge of the factual and legal issues involved. The soundness of your research, the clarity of your expression, and the dint of your hard work would dispel the complexities with ease.
One particularly interesting case that I can immediately remember was a bunch of 5 SLPs preferred by a group of Nursing Colleges situated in a particular state, inter-alia, against the Nurses Registration Council [NRC] of the said state. The Petitioners were represented by a number of AORs, Counsel and Senior Advocates and the NRC was singularly represented by me as its Standing Counsel. The matter came up before Court No. 2 of the Hon’ble Supreme Court, headed by a division bench of 3 Hon’ble Judges of the Hon’ble Court, quite early in the morning and since the matters cumulatively comprised at least 2000 pages, I requested the Hon’ble Court to grant me some time for filing of proper counter-affidavits to the said SLPs. Considering the stress on the ‘urgency’ involved in the said matter and considering the ‘future of the students’ was said to be at stake in the said matters, the Hon’ble Court declined my request and asked me if I could prepare a summary and a chart to assist the Hon’ble Court by the following day. Daunted at the prospect of being able to comprehend and assist the court effectively with the matters in less than 24 hours, I requested the Hon’ble Court to grant me time till the day after. The Hon’ble Court, kindly agreed to my request and posted the matter for final hearing after two days. The task was daunting, still as these were the first 5 matters assigned to me by the MPNRC and I was at that point in time, not familiar with even the applicable statutory provisions, rules and regulations governing the subject matter of the said SLPs. Regardless, I put everything else aside and started grasping the essence of each one of the said 5 SLPs. With great difficulty, after sleeping for less than 6 hours in the intervening 48 hours, I ended up making a note and table for the Hon’ble Court’s consideration. When the matter was taken up, I cumulatively argued for more than 30 minutes, without having to look at any of the case files. Several Advocates and Senior Advocates marshalled their arguments against the position taken by me. However, at the culmination of the hearing, the Hon’ble Court thankfully dismissed the entire batch of matters, on the strength of the arguments advanced by me and barred the Petitioners therein from approaching the Hon’ble Apex Court ever again on the said issue. The process that led to the culmination of the aforementioned matter not only enriched me immensely as an advocate but also reaffirmed my faith in my advocacy and on the principle that with hard work you can surmount insurmountable odds. Further, as is the case with the overcoming of any challenge, I felt victorious and encouraged to work harder and harder to sharpen the essential tools for my law practice.
What advice would you offer to young lawyers who aspire to have a successful career like yours? Are there any resources or practices you recommend for staying updated with evolving legal trends?
Some of the good habits I would encourage young lawyers to inculcate in the early years are:
- Treat the matters of your senior as your own and handle them with the same level of ownership and responsibility. This will help you immensely later when you start your own practice.
- Read your drafts at least thrice before filing the same. Every time you run through it, mark my words, you’ll find mistakes. Impeccable drafts create a great primary impression in the mind of the judge.
- Never try taking shortcuts in the profession. They’re likely to do more harm than help you.
- Read the whole judgment. Don’t just read the headnote to grasp the ratio.
- Never give in to the lure of unethical practices.
- Always be loyal to your client but at the same time, remember that your ultimate loyalty lies with the court.
- Never mislead a judge and answer questions posed by the bench directly and promptly.
- Have a sincere demeanour becoming an advocate while sitting inside the court. Don’t engage in fun or banter inside the court.
- Communicate your fee structure to your client promptly, and without delay, and if possible, during the first meeting itself.
- Be thorough in your research and endeavour to know the jurisprudence regarding the legal proposition applicable to your case, in all its variations and limitations.
- Lastly, remember that above-average intelligence, along with sincerity and hard work will do the trick for you in the profession.
Further, it is substantially easier to stay abreast with the evolving legal trends than it was for the previous generation of lawyers. Earlier, to stay updated, lawyers had to rely majorly on law reports and journals. In contrast, today you have the advantage of a world connected with hi-speed internet which makes this job a whole lot easier. The other day, while I was patiently sitting and waiting for my matter to be taken up by the Hon’ble Supreme Court, a matter pertaining to legal ramifications arising from obscene comments made by a popular content creator was taken up by the Hon’ble Court. I was surprised to note that even before the matter got over, a popular online platform publishing legal news had already published a whole article on the issue. Today we live in a fast-paced world driven by technology where one has ready access to online law journals, online news portals, online legal research portals, video lectures on law by prominent jurists, and the latest addition to the list is AI driven legal research tools. With all this at one’s command, one can learn immensely and stay abreast with the latest legal trends at the same time, with ease.
Managing a demanding legal career alongside a personal life can be difficult. How do you balance your professional commitments while maintaining a healthy work-life equilibrium?
My senior once told me that if you’ll not strike a work-life balance, you will never find enough time to complete the endless work that will keep you drowning till neck deep in its vast expanse. He always told me to leave for home on time every day so that you make the most of your days with your family. Law, as they say, is a jealous mistress. It certainly demands a lot of time and dedication from you, if you aim to excel in the legal profession. However, I am a firm believer of the age-old adage which states in the relevant part, that “if health is gone, everything is gone”. I endeavour to go to the gym 3-4 times a week to ensure my physical and mental well-being and I try to leave the office by 7-7:30 pm every day so as to be with my family by 7:45-8:15. These two habits have helped me in maintaining a healthy work-life equilibrium.
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