1. Can you please share with our readers what inspired you to pursue a career in law, and how did your time at ILS Law College shape your formative years as a curious student of law?
Response — The sheer craftsmanship, alertness and innovative interpretation that one can associate with law has always been of intrigue to me. For every argument you make for one side, there is always a counter on the other — this makes the job so much more interesting and challenging. You constantly learn to look at things from different perspectives and one learns the art of asking the right questions — an art that seems to be overly underrated. One can ill afford to be asleep at the switch.
ILS offered a very peaceful environment in every sense of it. The institution offered a unique blend of affording you an opportunity to hone your skills, be serious about it and yet leave the scope for being at ease and not convert the responsibilities to overburden you. This ‘balance’ that the institution instilled in you, even if one was not conscious of it — is what makes it stand out.
2. How did your time working with the eminent Senior Advocate Mr Ram Jethmalani influence your professional journey?
Response — What do you say about a man who spent over 70 years at the Bar — an absolute giant of the profession.
When I joined him, he was well into his 80’s and still had not lost any passion for what he had conquered long ago. It seemed that he wanted to improve every day and that was the biggest lesson I drew from my time spent around him. A man acknowledged for his legal brilliance by one and all, a man with over 70 years of experience and brilliance at the Bar was not ‘content’ yet — he would still look to better himself. Besides his legal acumen, which needs no endorsement, the way he carried himself made me learn that the day you think you have arrived in life is the day you know you never will.
3. Could you share any memorable experiences from your early years as a litigator, especially during your time at Luthra and Luthra Law Offices?
Response — Always be prepared as if the matter is to be argued (know the file). I learnt that early — not in the most pleasant manner though. As a young lawyer, you will very often be handed a file (at times not even that) and told “nothing is going to happen, just be in court tomorrow”. No matter ever comes up in court for ‘nothing’.
Memorable or not — this is an early experience/lesson which I think is simple, yet extremely important.
4. Your expertise spans across diverse fields of law, including constitutional, criminal, and civil law, among others. Among the many areas of law you specialise in, do you have a particular favourite? If so, what draws you to it?
Response — I am inclined towards criminal law and constitutional law. Both these areas of law have so much potential for interpretation and application of mind. One can make such compelling arguments and build the most interesting and thought-provoking debates around them. Further, the sheer impact these areas of the law have on society and the nation is immense.
5. Among the many prestigious cases you have handled, is there one that stands out as a milestone in your career?
Response — Most of us, while we aspire to be good lawyers, do sometimes think of the good we can do as lawyers and that very often drives us. It could be in the shape of being able to lend voice to the voiceless or being able to play a part in helping people get closure. I was quite early in my profession when I got to play my part in something of this nature. It was a case involving college students who were out on a drive. The car met with an unfortunate accident and a young boy lost his life. As is usually the case, a rash act on the part of one led to a family getting destroyed — the family never remains the same. I got to witness this first-hand. The parents, fighting for justice, went through a roller-coaster of emotions while we tried to navigate the legal challenges as best as we could. The whole experience right from when the incident came to our knowledge till when we were able to manage the conviction changed a lot of lives, including mine. When your passion for the profession meets this burning desire to make justice happen — that is where the rubber meets the road.
6. You have represented high-profile clients, such as a Foreign Ambassador claiming diplomatic immunity. How do you prepare for cases with such significant legal and political implications?
Response — One common thread running through all the foreign individuals/corporations that I have dealt with is their apprehension about the laws in India — both in terms of their impact and their implementation. The trust levels are quite low — this is one thing we must look to address at the governmental level as well as by way of holding discussions on the subject to allay their apprehensions.
I do not see any clash between my duties as a lawyer and the political implications that a case may have. It is often believed that the two may be at loggerheads, but they are not. Even if you are representing a Foreign Ambassador — you do so within the laws of our land and seek their implementation. If you take-up a case, it is important that you do so with conviction — should you have any reason to waver, better not to take it up. If you take up a case which you have doubts about (for any reason) that is when you are being untrue to the client and to yourself.
7. What qualities do you believe are essential for a lawyer to thrive in the high-stakes world of white-collar crime and dispute resolution?
Response — I think that the qualities to succeed in any profession or any branch of law remain pretty much the same. Discipline, hard work and focus being of primary importance. What a lawyer must definitely have in addition to these non-negotiable qualities is an insatiable reading habit. What a lawyer must also have is the habit of asking probing questions. While it is good to seek the opinion and discuss things with those who would contribute and make you look at different perspectives — it is vital that we do not lose our originality. We must form opinions/make decisions only after applying our own minds. We must not fall for things only because they have been done in a certain manner or continue to be done in a certain manner.
8. As a prolific writer on legal issues, what topics or themes do you find most compelling to explore in recent times, and how do you see your writings influencing legal discourse?
Response — We often see articles and blogs that are essentially a summary on a particular legal point. You will see that the writer explains a particular concept by way of citing the relevant sections and litter it with a judgment or two. No denying that such articles help lawyers and law students alike, however, my inclination is to write on issues where I see a gap in the law or the need for courts to step-in and clarify issues. This, to me, is the best way of starting a debate on the issue and making fellow lawyers think.
Recently, many changes in the updated criminal laws have been compelling. One example is the introduction of a ‘pre-cognizance’ hearing under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This provision envisages a hearing and issuance of notice to the accused before taking cognizance. I am aware of an ongoing matter where the Magistrate decided to issue such notice to five of the seven accused persons. This opens up an interesting situation. The Magistrate surely applied his judicial mind when he decided to drop two of the accused persons and did not issue notice under Section 223 of the BNSS to them. Now that, it seems, that there was a clear application of judicial mind, can we say that the next hearing would be a ‘pre-cognizance’ hearing? There is much more to this aspect that one would prefer/expect clarification on.
9. After a distinguished tenure at Luthra and Luthra Law Offices, you have transitioned into managing your own law firm. What motivated this move, and what challenges and opportunities have you encountered in this new role?
Response — Luthra and Luthra Law Offices is a place where I worked for a long period of time. It is, but natural, that the place would have shaped me in being the lawyer that I am. Management skills at Luthra and Luthra Law Offices under Mr Rajiv Luthra were top notch. The place had the finest work culture that one could desire.
After Mr Luthra’s sad demise, I wanted to put to use whatever little I had learnt from him and my time at Luthra and Luthra. The new role comes with a different set of challenges where one must have an eye on every aspect of running an organisation and not just the files/clients being handled by the firm.
10. How does leading your own practice differ from being part of an established law firm, and what lessons from your previous roles have been most helpful in this transition?
Response — Being part of an established law firm comes with its own set of benefits. Most of the support that a law firm lawyer would require is on ‘auto-pilot’ with every aspect sorted. When you step out on your own, you must be cognizant of every aspect related to building an office. This constant challenge of building from the scratch and sustaining what you build — is a more challenging job for sure. This fresh challenge has certainly worked well for me.
Most organisations will focus on the larger picture, however, what was instilled in us at Luthra and Luthra was to also focus (in equal measure) on the minor details, be it double checking the language or sending regular updates to the clients. Such attention to detail is what makes you stand out. If we were to send an attachment with an email, we would make sure that the document so attached was named right.
11. Given your vast experience in litigation and arbitration, what advice would you offer to young lawyers aspiring to make their mark in these fields?
Response — There is no substitute for hard work, persistence, and perseverance. At the same time — no two individuals will usually have the same pathway to success. Therefore, it is essential to weigh your options, know your strengths and weaknesses and plan your way accordingly.
One thing I would advise against is creating hurdles in your mind. We very often create them and (mostly) do not even realise so. Two common hurdles that I see in the younger generation are that being a first-generation lawyer is a big set-back and that not being from a National Law University (NLU) is a big disadvantage. It is very important to have a clear mindset — one that is free of ‘self-doubt’. Being from a family of lawyers might be an advantage and a platform to take off from. That does not mean that being a first-generation lawyer is a handicap — there is no clash between the two. We cannot win a battle that we enter with half a mind.
Look around and see for yourself — we also have the best of lawyers and Judges with their families having no legal background and no NLU education. This profession, like any other, has its own set of challenges. The self-belief to overcome those challenges is a must — else, you are entering a fight with a pre-ordained result.
12. Beyond the legal profession, what are your personal interests or hobbies, and how do they complement your professional life?
Response — I follow a lot of sports like cricket, soccer, and tennis. Having played a fair bit of these — cricket in particular — I think that it shapes a few aspects of your personality, many of which creep into your professional life.
Cricket taught me patience and planning. Chess taught me strategy, and to wait for the right time to make a move. I believe sports in many ways, some of which I have pointed out, adds to who we are in our professional and personal lives — it is a different matter that many of the times we are not aware of it.
I like to read as well and focus a lot on criminal psychology — for I find it fascinating. How the science behind criminal psychology interacts with the law is a subject I would recommend all lawyers follow.