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With over two decades of experience in various areas of the law, looking back, was law a planned career path for you and what inspired your practice specifically in Arbitration & Constitutional Laws?
Law has always been a deeply personal and deliberate career choice for me—a passion that took root when I was just 10 years old. My fascination with the legal profession was sparked by moments such as seeing my father in his lawyer’s robes and observing advocates gathered outside the District Court, which I passed by daily on my way to primary school. Reading landmark judgements featured prominently on the front page of the newspapers and the role played by the lawyers further motivated me. The courtroom’s dynamic nature—the challenge and intellectual rigor of the adversarial process inspired me to imagine myself as an advocate. These early experiences left a profound impression on me, fostering a deep admiration for the sense of purpose and justice inherent in the practice of law. My parents (Mr.K.M.Shafeeq Ahmed & Mrs.T.Akthar Sultana) deserve a mention for providing their unwavering support and encouragement which gave me the confidence to pursue my passion, ultimately transforming a childhood dream into a lifelong vocation.
When I enrolled and started my legal practice in 2003, Arbitration caught my interest as it emerged as a growing field offering effective and efficient alternative dispute resolution mechanism. It was a welcome change to witness a system that allowed resolution of disputes outside traditional courtrooms, in a manner that preserved fairness, saved time and resources and proved highly effective when compared to the conventional mode of dispute resolution.
As for constitutional law, a deep understanding of the Constitution is indispensable for any lawyer. It serves as the foundation of our legal system- not only safeguarding fundamental rights but also acting as a benchmark to test the validity and vires of other laws, rules and regulations.
Having appeared before various forums from Supreme Court of India to High Courts at Allahabad, Delhi, Hyderabad and Madras, Principal District & Sessions Courts, Armed Courts Tribunal, Company Law Board, Central Administrative Tribunal etc., can you share with us the journey that led you to founding BFS Legal? What were the initial challenges you faced when establishing the firm?
The journey to founding BFS Legal is a testament to perseverance, professional growth and the importance of teamwork. It all began with a strong foundation laid during my initial years of practice under the guidance of Mr.J.Sivanandaraaj (now a designated Senior Counsel) whose mentorship exposed me to a diverse range of branches of law and instilled key values of discipline, professionalism and ethics. The early exposure to branches like Arbitration, Constitutional Law, Commercial Litigation, Company Law and Business Crimes clearly shaped my professional interests and trajectory.
My extensive experience briefing eminent Senior Counsel and arguing cases across various jurisdictions greatly refined my legal acumen and advocacy skills. This journey was firmly rooted in my formative years as a mooter, representing Dr. Ambedkar Government Law College, Chennai (formerly Madras Law College), at prestigious international competitions such as the Willem C. Vis International Commercial Arbitration Moot in Vienna and the Stetson Environmental Law Moot Court Competition in Florida, alongside numerous domestic moot court competitions.
The transition in 2007 when my senior decided to merge his practice with a firm having pan India practice became a pivotal moment, sparking the creation of BFS Legal. My determination to retain my identity as a litigation lawyer and the camaraderie with my colleagues, Mr.P.V.Balasubramaniam (now a designated Senior Counsel), Mr.D.Ferdinand and Mr.Akhil Bhansali were instrumental in this decision.
Establishing BFS Legal, however, was not without its challenges. Identifying a suitable office location and setting up infrastructure within a tight timeframe was a significant hurdle, especially during the court vacation period. Yet, our collective resolve and resourcefulness enabled us to overcome those initial obstacles, setting the stage for BFS Legal to grow into a successful and respected firm, it is today. This journey underscores the importance of a strong professional foundation, collaboration and the courage to take risks to achieve one’s vision.
You’ve argued several precedent-setting cases before the Madras High Court. Could you share one of the most significant cases you’ve worked on, and the impact it had on your career or the legal landscape?
One of the most memorable and challenging case that I worked on involved filing an appeal against the dismissal of an application under Order 6 Rule 16 of the Civil Procedure Code (CPC) by a Single Judge of the Madras High Court. The appeal was heard by the First Bench, comprising the Chief Justice Ms.Indira Bannerjee and Mr.Justice M. Sundar. The primary issue was the maintainability of an intra-court appeal against an order that was not final in nature, as such orders are generally not appealable.
For two days, I had the privilege of arguing before the Hon’ble Judges, presenting comprehensive arguments on how the provisions of the CPC risk becoming ineffective if litigants were compelled to endure a protracted trial when the outcome was evident due to inherent flaws in the pleadings. The Bench rigorously examined and grilled me on my submissions, challenging every aspect of my reasoning. This experience was invaluable in deepening my understanding of how appellate courts test appeals and interpret statutory provisions and the thoroughness of the judicial process.
This case is memorable for me because it sharpened my ability to articulate complex procedural issues and strengthened my confidence in handling challenging legal questions under rigorous judicial scrutiny by the sharpest minds. On a broader level, it underscored the importance of procedural fairness and judicial efficiency in civil litigation. Arguing the case before a bench that subjected me to intense questioning right from the word go had a profound impact on my professional journey, reinforcing my belief in the transformative power of well-constructed legal arguments and the ability to think on the feet to withstand intense questioning by the Judges.
Your expertise in arbitration has been recognized by your appointment as an arbitrator at the Madras High Court Arbitration Centre. How do you see the evolution of arbitration in India, and what role do you think it will play in the future of dispute resolution?
Arbitration in India has come a long way, evolving significantly over the years to address inefficiencies and delays. Historically, litigation in India has often been criticized for being time-consuming, leading to the adage, “Process is the punishment.” Alternative Dispute Resolution (ADR) mechanisms such as Arbitration, Conciliation and Mediation have emerged as a critical solution to mitigate these delays and provide efficient avenues for dispute resolution.
Legislative amendments to the Arbitration and Conciliation Act, particularly in 2015 and 2019, have been instrumental in enhancing the arbitration process. By introducing stricter timelines for pleadings, arguments, and the delivery of awards, these reforms aim to ensure that arbitration remains an efficient alternative to traditional litigation. The treatment of appeals under Sections 34 and 37 as special proceedings, distinct from regular civil appeals, further reflects the judiciary’s intention to preserve the expeditious nature of arbitration as contemplated by the Parliament.
The institutionalization of arbitration centres, such as the Madras High Court Arbitration Centre under the auspices of Madras High Court, is another significant development. These centres promote professionalism and ensure adherence to timelines, thereby increasing the credibility of the process. As an arbitrator, I have witnessed firsthand how these changes have streamlined proceedings and enhanced the experience for litigants.
As businesses demand quicker resolutions to maintain continuity and reduce costs, arbitration offers a viable path. Additionally, the integration of technology, online dispute resolution platforms and the increasing emphasis on mediation and conciliation as complementary processes will further strengthen the ADR ecosystem. Looking to the future, arbitration will play an increasingly dominant role in dispute resolution, particularly in commercial and cross-border disputes.
However, the ultimate success of arbitration in India depends on a continued focus on minimizing judicial intervention, ensuring uniform standards for arbitral awards, and fostering trust in the system. With these advancements, arbitration is well-positioned to become the preferred mode of dispute resolution in India, balancing efficiency with fairness.
You have acted as legal advisor to the Tamil Nadu Wakf Board and also have had a unique opportunity to work on public interest litigation matters. Can you tell us about your experience in this area, and your preparation for approaching such cases?
Working as a legal advisor to statutory body like the Tamil Nadu Wakf Board and engaging in public interest litigation matters has been a deeply enriching experience, marked by unique challenges and opportunities. It requires balancing the legal intricacies of governance with a commitment to justice and public welfare.
Representing statutory bodies involves navigating several hurdles, primarily arising from systemic constraints. The sheer number of ongoing cases can be overwhelming, and prioritizing urgent matters demands effective time management. Due to staff shortages and administrative bottlenecks, panel lawyers often receive incomplete or delayed information, which can hinder case preparation. Lawyers frequently need to take the initiative to gather and verify data to ensure accurate representation. This involves persistence and innovative problem-solving to piece together the required context. Panel lawyers often have to devise innovative strategies to collect and corroborate data, ensuring that the responses are both accurate and comprehensive.
Handling Public Interest Litigation (PIL) cases requires a thoughtful and strategic approach, as these cases often involve matters of broad social significance, addressing the rights of marginalized communities or issues that affect public welfare. Here are key steps to approach PIL cases effectively:
- The issue should affect a larger section of the population, not just a specific individual or group.
- The case must have a legitimate public interest element, such as a violation of Constitutional Rights, Public Health, Law & Order, Environmental Protection, Human Rights, Law & Order or those affecting public at large.
- Thorough Research and Legal Grounds requires
- Examining the relevant statutes, constitutional provisions, and precedents.
- Clearly identifying the legal violations.
- The petition should speak for itself setting out clear facts and the legal grounds in order to make a compelling argument. Emphasis should be on how the issue affects a large section of the population or public welfare. It is imperative to highlight the urgency for judicial intervention.
- Ensure that you rule out alternate remedy that may be available for achieving what you seek through PIL.
- Consult with affected communities to bring out the practical side of the issue.
- Judges often scrutinise whether issue is being brought before the court in good faith or for seeking publicity.
- Courts may want to know a clear remedy. Therefore, one should be ready to offer practical solutions for the Court’s consideration.
Ultimately, representing a statutory body or addressing public interest issues have not only deepened my understanding of the law but also reinforced my belief in its transformative power to address systemic challenges and serve the greater good.
You’ve been a guest lecturer at Tamil Nadu Dr. Ambedkar Law University and judged several national and international moot court competitions. What advice would you give to young law students and aspiring lawyers today?
For young law students and aspiring lawyers, I’d emphasize these key principles to guide their journey in the legal profession:
1. Choose a Senior of Repute & Knowledge: My primary advice to young lawyers is to focus on building a strong foundation by working with a senior of repute and expertise in your chosen area of law. A knowledgeable and respected mentor can provide invaluable guidance, help refine your skills, and expose you to diverse facets of legal practice. Learning under such a senior not only sharpens your understanding of the law but also instils discipline, work ethic, and professionalism—qualities essential for long-term success in the legal field.
2. No Substitute for Hard Work: The legal profession demands immense dedication, and the effort you put in during your formative years will shape your career. Stay disciplined, dive deep into your studies and refine your skills tirelessly. Never forget that there are no shortcuts to success and consistent hard work is the foundation of a strong career.
3. Stay Focused: In a world full of distractions, focus is your greatest ally. Set clear goals, prioritize learning, and avoid shortcuts. Success in law is a journey, not a sprint.
4. Integrity is Non-Negotiable: Trust and Integrity are the cornerstones of a lawyer’s reputation. Never compromise on these values, as they are your greatest assets in earning respect and building lasting professional relationships. Always uphold honesty and integrity, both with clients and in court.
5. Never Mislead the Court: Credibility is everything. Judges and peers respect advocates who present their cases truthfully and ethically.
6. Learn by Observation: Courtrooms are classrooms. Observe how experienced advocates present their cases, frame arguments and handle judges’ questions. There is immense value in observing and learning from others.
7. Have an Alternate Argument: Always be prepared for contingencies. A backup argument demonstrates your understanding of the case and readiness to adapt.
8. Chase Excellence, Not Money or Fame: Focus on becoming the best in your field. Success, Recognition and Rewards are the by-products of excellence. Focus on mastering your craft, and everything else will follow.
9. Challenge Your Limits: Instead of fearing challenges, embrace them. Use every obstacle as an opportunity to grow and continuously push yourself to improve. The legal field is vast, and the more you stretch your boundaries, the more you’ll achieve.
10. Look for Opportunity in Adversity: Challenges often bring hidden opportunities. Approach setbacks with a problem-solving mindset and use them as stepping stones to success.
11. Being Good Pays: Kindness and professionalism go a long way. Treat everyone with respect and courtesy.
Lastly, remember that the legal profession is not just about personal growth but also about service to society. Uphold the rule of law, work for the right cause and contribute positively to the legal community and the society at large.
What motivates you to provide pro bono legal services to those in need and how do you see the role of lawyers in social justice? How important is espousing larger cause through Public Interest Litigation?
Pro bono work allows lawyers to challenge injustices, advocate for marginalized communities, and harness the power of law to drive social change. I firmly believe that lawyers play a vital role in promoting social justice. As officers of the court, we are uniquely positioned to bridge the gap between the legal system and the public, ensuring that justice is not a privilege for the affluent but a fundamental right accessible to all. Public Interest Litigation (PIL), in particular, exemplifies this ethos. It enables lawyers to address broader societal issues—whether it’s environmental protection, safeguarding fundamental rights, public health, law and order or rectifying administrative failures. The impact of such work often extends beyond individual clients, influencing policies and creating precedents for a better society.
Given the demanding nature of your obligations at work and your commitment to social justice and pro bono work, how do you manage to maintain a balance between your professional obligations and personal well-being?
Maintaining a balance between professional commitments, social causes and personal well-being is undoubtedly challenging, but it’s essential for long-term sustainability in a demanding profession like law. Here’s my framework to approach such balance:
1. Starting the Day Early with a Clear Plan: Beginning the day early allows me to plan effectively and approach my professional obligations with focus and clarity. A well-structured day ensures that no time is wasted, enabling me to stay productive and efficient.
2. Setting Clear Boundaries: Defining specific work hours and creating time for personal activities helps maintain a boundary between professional and personal life.
3.Prioritizing and Delegating: Identifying tasks that require my direct involvement and delegating those where my absolute involvement is not required ensures that my energy is spent on what truly matters.
4.Exercise for Body and Mind: I start my day with exercise, which helps keep my body healthy and my mind sharp. Physical activity is essential to stay energized and manage the stresses of a demanding schedule.
5.Aligning Work with Purpose: When professional work resonates with personal values, it can become a source of emotional contentment.
6.Practicing Time Management: Efficiently managing time by breaking tasks into smaller, actionable steps helps avoid mind blocks and burnouts.
7.Family Time: Spending time with family is non-negotiable. It provides a sense of balance and fulfilment, even amidst a busy schedule.
8.Commitment to Social Causes: Allocating some time in a week for social causes is important. Contributing to society through these efforts is both rewarding and a meaningful extension of my professional life.
9.Reflecting and Adjusting: Regularly reflecting on what’s working and what’s not can help recalibrate commitments to ensure they’re sustainable in the long term.
10.Reading and Traveling: Reading books on diverse subjects and traveling are vital for broadening perspective and providing mental rejuvenation. They inspire me and offer a much-needed break from routine.
By maintaining this balance, I ensure that I can meet my professional obligations while also nurturing my physical health, personal relationships and social commitments. This harmony sustains my productivity and passion in every aspect of life.
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