Mr. Prateek Som is a Delhi-based advocate. His thoughts reflect deep profundity and his interaction with Desi Kaanoon is in furtherance of it.
Q. You appeared on a television debate on NDTV regarding the Rafale scam case, which is a burning topic nowadays. What are your views on the entire case?
A. Buying Rafale Jets is an executive decision which needs to be respected especially when the common opinion favours strengthening of the combat capabilities of Indian Air Force over its adversaries.
The entire hullabaloo over the Rafale case has made it a perfect example of settling political scores through court of law. In my opinion, judicial review of executive and legislative decision should not be used as a tool to derail growth and policy decision making. My entire argument in this debate was on a broad point that Rafale Deal was an Inter-Governmental deal unlike Government- Middlemen-Government deal which was a usual practice in India until Rafale deal. Needless to say Goverment-to-Government deal eliminates the individual interests and ulterior motives.
If a Government does not take fast & strong policy decisions then people say it is “policy paralysis”; if a Government takes quick decisions in National interest then people say it is a “scam”. There should be substance in the allegations to prove corruption in a court of law which I personally feel was lacking in Rafale case.
Q. Since you have studied Mergers and Acquisitions from Harvard Law School, were you inclined towards the Banking sector? Could you guide law students who ponder over entering the Banking sector after pursuing Law?
A. Economies of world are interconnected and so are different sectors of Economy. Banking (Finance) & Law are interdependent in many ways. In my last assignment in 2013 as Associate Vice president of PNB investment banking team I felt that Law & Banking (Finance) go hand in hand. This experience motivated me to set up my own law firm.
Proposal of entry of foreign law firms in India is pending legislative clearance and I expect it will see light of the day soon. If Government gives it a go ahead then Mergers & acquisition will be most sought after vertical of legal practice. M&A does not restrict one to banking but provides ingress to whole domain of regulatory clearances, legal positions about entry/exit barriers, economic viability studies and much more.
Law students should acknowledge the plethora of opportunities which Banking sector offers. Apart from corporate banking practice there is lot of litigation in white collar crimes, banking frauds and debt recovery matters. Indian banking sector is in a corrective mode with clearing of non-performing assets. Every day there is a lifting of corporate veil which is exposing previous Banking-corporate nexus. Option for lawyers is open to representing banks or private clients.
Q. The 2017-18 Annual Report of National Commission for Women talked about issues of NRI marriages and subsequent desertion of women. As a litigator at NCW, how do you think can conflict of jurisdictions and laws of India and country concerned be resolved in such matters?
A. The problem with NRI marriages is that Indian women is when they get trapped in deceptive matrimony with overseas Indians. In case of things going wrong in an NRI marriage, the woman’s recourse to justice is greatly constrained and complex. The aggravated risk in such marriage is that women is being isolated far away from home in an alien land, facing communication problems, lack of proper information about the local criminal justice police and legal system. The problem is manifold and it incorporates issues like dowry and other type of harassment of married women in foreign countries, marriages of convenience, concealment of earlier existing marriage by the husband before marrying an indian woman.
First of all, there is an absence of uniform civil laws in India as the personal laws of different religions are different and Inter-religious marriages makes it more difficult to deal with. Secondly, there have been some proposals for legislative amendments by Ministry of Women & Child Development. These were
a. The decision for mandatory registration of marriages within seven days of marriage.
b. Holding the properties of NRI offenders in escrow in case they abscond abandoning their spouse.
c. According to the recommendation of the National Commission for Women (NCW) and the decisions taken in the INA, look-out circulars are issued as per criteria defined by the MHA, for keeping a watch on arrival or departure of NRI husbands and preventing them from leaving India.
I feel if these recommendations are enacted there will be quick legal solutions to problems pertaining to NRI marriages.
Q. As the Managing Partner of your law firm, what do you regard as the most prized achievement of your firm?
A. PR Law Offices is known for its work place ethics and professional integrity. I started this firm with my long time associate Mr. Rohit Gupta, who holds sharp legal acumen especially in criminal matters. PR Law Office holds to its credit representing sitting Ministers, bureaucrats, Bollywood actors and industrial houses in various court forums. As a part of legal social responsibility we take pro-bono cases as well and appear for clients who cannot afford to pay for legal process.
In 2018, we took up one high profile matrimonial matter pending in district courts in Delhi for last 6 years. Within a week of taking up a matter we mentioned it to Hon. Chief justice Court and got it listed for very next day. Hon. SC under the powers of article 142 granted the decree of divorce in favor of our client.
In 2019, we were approached by large section of investors who were cheated by a builder. The quantum of cheating was alleged to be more than INR 1000 crores. In an application drafted and argued by our office we managed to get FIR registered against the promoter builder and court of law deemed it fit to keep him in judicial confinement till today.
Our most prized possession is our legal research. Law is an evolving subject and hundreds of judgments and new laws being passed everyday. Our team ensures that we stay updated with all new legal enactments and judicial pronouncements. Recently, I undertook a training session of Delhi police officers in their headquarters on NDPS act and related judgments.
Q. What are the reasons behind choosing topics you choose to write on in your online blog?
A. I wrote on legal- political topics like uniform civil code, triple talaq bill and child adoption tribunals among other things. These topics affect public at large and reminds of a need to educate a layman regarding basic issues pertaining these topics. It is mortifying to witness people being deprived of basic legal rights and duties. Large sections of society are not even aware about legislative decisions taken by Parliament and Judgments delivered by Hon. Supreme court for nobody but them. As a lawyer, I feel it is my responsibility to write about current legal updates and bring awareness about it.