Mr. Vikas Pahwa is an acclaimed name in the legal fraternity. With a vast experience in Litigation, he is known to have represented clients from all facets of life, in India and abroad. His expertise comprises delving into complicated matters related to Narcotic Drugs & Psychotropic Substances Act, FEMA Cases, Serious Fraud Investigation Office cases, Official Secrets Act and National Security Act. Here is his interview with Desi Kaanoon.
Q. You have been into active legal practice for about 25 years now. What changing trends have you observed in the legal field, particularly in litigation?
A. There have been radical changes in the legal profession in the last 25 years. Technology has taken over the profession like never before. From typewriters to high tech laptops and from law journals to online research engines-drafting, research, filing, inspection, obtaining copies from courts all have become digitized. Research has become easier; judgments are available online at the click of a mouse. There is a barrage of new law schools in the Country as more and more people are opting for law and the number of lawyers is growing by the day. Law firms from abroad are collaborating with the Indian firms and lawyers are more professional in their approach than before. However, one not-so-good change in the field of litigation is the lack of determination among the younger lawyers to learn from their Seniors. When I started off, young lawyers used to get trained for at least 4 -5 years in the chambers of a Senior to learn the nuances of law. There are principles, rules, crafts and skills which one can learn only from a Senior. This younger lot is brilliant, but impatient. Legal profession is a slow-moving profession and the fruits of the hard work come only in the later part of the practice.
Q. You are appearing pro bono for Association for the Victim of Uphaar Tragedy in the infamous Uphaar Cinema case. You are also conducting the trial of Dr. Shashi Tharoor for his alleged abetment in the death of his wife Mrs. Sunanda Pushkar; both of which are quite high-profile cases. What has your strategy been in dealing with these cases?
A. I have been associated with AVUT since its inception in 1997. I have represented the Association from the lowest to the highest Court. There are some cases which we have to fight, fee or no fee. Uphaar Fire Case is one of them. This case has given us experience, knowledge, exposure, a spirit to fight and friends like Neelam and Shekhar Krishnamoorthy, who spearheaded this battle. We prosecuted Ansal brothers and many others for committing the offence of Criminal Negligence, resulting in the death of 59 innocent people. They were convicted for two years and the judgment was upheld by the Supreme Court. We also filed a Civil Case of damages for their negligent act. The victims were granted crores of rupees as damages by the Delhi High Court. The order was upheld and a landmark judgment was passed by the Supreme Court.
Dr Shashi Tharoor’s case is sub-judice and thus it would not be advisable for me to comment on the same, except for the fact, that he is absolutely innocent and is not even remotely connected with the cause of death of Late Smt Sunanda Pushkar Tharoor.
Q. How was your experience fighting cases in foreign countries like the UAE and Greece?
A. My experience in foreign courts has been extremely enriching. I was really impressed with the use of technology in their Judicial System. When I appeared in The Dubai DIFC Court along with another Queen’s Counsel, I saw The Judge sitting on the bench all alone. The court was paperless with no staff and everything was digitally recorded. A video recording of the hearing was prepared and circulated within 24 hours. The order was dictated in the open court, digitally recorded, typed and circulated subsequently.
In Greece my experience was equally good. I saw the Trial Court proceedings being concluded in few days. The evidence was digitally recorded – nearly 10 witnesses were examined in one day. Everyone in the Courtroom had mikes to speak. The transcript of the hearing was prepared subsequently. The Felony Trials in Greece are conducted by 3 Judges. The chances of errors are significantly less due to the larger composition of the Bench. All unanimous verdicts are allowed to be challenged only if there is a substantial question of law involved, and not on facts. I feel that India should also introduce the use of Technology at all the levels of the Court.
Q. With your vast expertise in Criminal Law, what advice would you like to give to our readers wanting to build a career in criminal litigation?
A. I would like to advise your readers, who wish to practice on the Criminal side, to start their career from the District Courts and practice there for at least 2 years. It will help them to understand the basic procedure of law and the rules of evidence. I do not subscribe to the idea of practicing in the higher courts without any training in the District Courts. I always urge young lawyers to opt for litigation which, in my opinion, is more exciting, challenging and satisfying. As litigators, we deal with the grass root problems, which teach us a lot about life.
Q. Being a third-generation lawyer, was Law always a career choice?
A. The truth is that I never wanted to become a lawyer. I was a student of Chartered Accountancy and enrolled in law only because I belonged to a family of Lawyers. I completed my Articles with a firm of Chartered Accountants and LLB at the same time. My focus was more on clearing the exams of Chartered Accountancy. Since I wanted to marry my friend (now wife) whom I had been courting for 5 years, I agreed to give up Chartered Accountancy and opted for law, in order establish myself early. However, no learning goes waste – my training and studies for Chartered Accountancy has helped me immensely in my practice of Criminal Law.
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