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Can you tell us about your journey into law? What inspired you to pursue an LL.B and later an LL.M in Corporate/Banking & Insurance law?
My journey into law is not an easy Journey. It was my Childhood dream to become a lawyer, but initially destiny had planned something else for me and due to the compelling economic conditions of my family and my zeal to serve the country, I had joined the Indian Air Force at the age of 17 Years as an Airman in the year 1996.
While serving the Indian Air Force I have pursued my higher education. When I was posted at Air Force Station, Nashik, I attended evening law college after my working hours in the Indian Air Force for a law degree. I did my LLM from Kurukshetra University.
I am a first-generation lawyer with no lawyer in the immediate or distant family. Being from a humble background, I was always inspired by this profession and believed that lawyers have the unique opportunity to help others and make a difference in their lives.
You have extensive experience in the Supreme Court of India, High Courts, and Tribunals. What were some of the most challenging cases you handled early in your career?
Most of the cases I handled initially were challenging. I would like to talk about two of those cases: –
There is a reported case of CBI, wherein, we all have encountered a unique legal issue, that whether the statement of an accused can be recorded under Section 313 CrPC, Since the accused is not able to write and speak. The Ld. The Trial Court Judge has cancelled the bail granted to my client (accused) stating that the accused is deliberately not answering the question put to him under Section 313 of Cr PC. We had only two days’ time to get relief from the higher court. I had done all the mentioning and could get the case listed on the same day. The Hon’ble High Court ruled that “As per the medical report, the accused is unable to write and speak and therefore the Statement under Section 313 of CrPC cannot be completed.
In another case, through SLP (Criminal) I ensured cancellation of bail of a murder accused from the hon’ble Supreme Court of India, in which indirectly I received threat from the accused side.
Your role as in-charge of the Air Force Legal Cell at the HQ Western Air Command is quite intriguing. Can you share some key experiences and challenges you faced during your tenure there?
As in-charge of the Indian Air Force Legal Cell, one needs to have a much more holistic understanding of law. Right from the management of litigation in Courts and Tribunals for Union of India and Indian Air Force to management and conduct of Court Martial and Court of Inquiry, management of all the applications and 1st and 2nd Appeals related to Indian Air Force under the Right to Information Act, 2005. Defended 2nd Appeals on behalf of the Indian Air Force under the Right to Information Act at Central Information Commission, Management and conduct of Charge Trials for the minor offence committed by Indian Air Force personnel, to provide general legal administrative and Secretarial support to Command Judge Advocate.
Further, you are not only in charge of the Legal Cell, but you are a trusted advisor, making sure that the legal department of Command Headquarter and Units under its area of operations functions properly and smoothly.
Managing litigation on behalf of the Union of India/Indian Air Force must have been a significant responsibility. What strategies did you employ to effectively manage and resolve these legal issues?
Strategy is one of the most critical aspects in effectively managing and resolving legal issues of an important organization like the Indian Air Force. A good strategy acts as the bedrock on which the entire legal department functions efficiently.
I started understanding the work and worked closely with Command Judge Advocate Generals to set clear legal goals that fit with the Organization’s overall plans. Good and effective Communication within the team members and with other departments were the key for everyone to work together smoothly and in tandem. I used to talk regularly with the Unit Legal Cells of the Command to understand their Legal needs and extend all the possible help round the clock.
You have a strong background in drafting various legal documents. What do you think are the most critical aspects of drafting effective legal documents?
Legal Drafting is the most important instrument of legal Communication. The Skill to draft well, is the skill to think and Communicate Well.
In my legal draft I judiciously select words, phrases and clauses adhering to the intricacies of the subject matter. Whether it’s contracts, Agreements, or Petitions, each document necessitates bespoke attention to details.
A proficient drafter must bridge the gap between precision and comprehensibility leaving no room for ambiguity. Documents must not only be legally sound but also strategically crafted to achieve the desired outcomes for the clients.
One needs to follow the principles of drafting legal documents i.e., clarity and precision, simplicity and conciseness, specificity and completeness and compliance with legal requirements.
Maintaining excellent relations with clients and legal counsels is vital in your profession. Can you share your approach to building and sustaining these relationships?
In the dynamic landscape of legal practice, a client-centric approach stands as the cornerstone of success for lawyers, striving to excel and that means developing a process for building and sustaining relationships.
I make a compelling argument for why clients should choose us. My approach is to build lasting relationships with the clients and ensure they don’t feel like mere rupee signs. It is important to understand the client’s needs, the communication should be transparent, I should be able to manage the expectation of my client and I should be ready to walk an extra mile by providing exceptional services.
Building and sustaining strong client relationships is paramount in the legal profession, where trust serves as the CornerStone for Success. For an Advocate -on-Record, most of the Clients are legal Counsels of High Courts and trial Courts through whom briefs come.
You’ve obtained favorable judgments for clients in several high-profile cases, including the Delhi Metro Rail Corporation project and Armed Forces personnel cases. Could you elaborate on these achievements and their impact?
The legal field is known for being highly competitive with lawyers, Paralegals and legal professionals all striving to outperform one another. This intense environment often resembles a constant legal battle where success is the ultimate prize. In such a challenging arena these achievements become imperative.
This was the long pending issue of Delhi Metro Rail Corporation project due to which DMRC has suffered revenue loss of Crores of Rupees. I had perused the legal issues of land acquisition and rehabilitation of people from one place to another place. The said DMRC project was affecting the residents of Trilokpuri.
There were multiple litigations pending in various Courts including the Supreme Court of India on the issue. The 58.6 Kms long Mukundpur Shiv Vihar Corridor was to be the longest Corridor on Delhi Metro Network. The Delhi Metro had missed the deadlines for its Phase III project. A Communal twist has prevented Delhi Metro from relocating nearly 400 families at Trilokpuri. The DMRC was struggling to resolve this issue. The Delhi Metro was given an alternative land in Pocket 16,17, and 18 for rehabilitation of People living in pocket 15 in 2014 itself, but DMRC was not able to carry out the rehabilitation work even after the completion of the construction of flats due the non verification of documents and multiple litigation pending in various Courts.
I have successfully undertaken the project of rehabilitation of the affected person to the alternate location by verifying their documents and clearing the way for the long pending DMRC project, which further settled all the litigations pending in various courts.
In one of the landmark Case of Armed Force, I successfully argued before the Principal Bench of the Armed Forces Tribunal, wherein, the Hon’ble Bench has directed the Ministry of Defence and Indian Air Force to issue a No Objection Certificate (NOC) to Serving personnel of Indian Air Force, Sgt Samant Singh Sengar, clearing his way to join as an Assistant Professor of History in Madhya
Pradesh Public Service/Commission. In 2017, he applied for the post of Assistant Professor with the Madhya Pradesh Government and cleared the exams. However, he could not secure permission from the IAF since his current Skill grade did not qualify him for the post. In the revised Policy of the Air Force, possession of professional skill grade ‘A’ was added as a mandatory requirement to apply for Gp A/B Civil exams.
This landmark Judgement has paved the way for many similarly situated aspiring airmen.
Finally, what advice would you give to fresh law graduates who are just starting their careers? What key skills and mindset should they develop to succeed in this field?
My advice to fresh law graduates who are just starting their career is to focus on basic concepts and constantly stay informed about changes. It’s important to stay updated on new developments and technologies.
They should work on and develop analytical abilities to assess the complex legal issues, analyze statutes and case laws. Effective written and oral communication skills are paramount in law. The young lawyers should also develop proficiency in legal research to gather relevant information, examine precedents to support their legal arguments.
Nevertheless, fresh law graduates should always strive to maintain a high standard of professionalism, ethics and integrity in all their work. Law is a noble profession, and it’s important to uphold its values and principles.
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