In Conversation with Senior Advocate Gourab Banerji—Counsel of the Year—BW Legal World Global Legal Summit and Legal Leaders Awards 2020

Ashima Ohri, our Managing Editor speaks with Gourab Banerji, former Additional Solicitor General of India, Overseas Associate at the Essex Court Chambers, London, and the counsel who represented the Government of India in the popular Italian Marines Case—for concurrent jurisdiction to prosecute the Italian marines accused of shooting Indian fishermen within the Exclusive Economic Zone of India—about his journey in law, most cherishable experiences, his thoughts on diversity and inclusivity at workplaces, and more.

Mr Banerji, many Congratulations on winning the BW Legal World Global Legal Leaders Award for the year 2020. How was your experience interacting with the Jury and of the event? 

It is always an honour to present my case before Chief Justice Deepak Misra and other learned seniors in the profession, whether it be in court or outside. It was a pleasure to interact with them, though also a bit awkward to speak for oneself instead of on behalf of one’s client, as a lawyer is generally used to doing. I must also congratulate BW Legal World for organizing this so well in the digital format. Recognitions are welcome, because they represent external validation of one's achievements.

Rewinding time: please allow us a peek into your illustrious journey in law. Where did this journey begin, who were your mentors, and are there any goals that remain to be achieved?

My late father, Milon Banerji, has been the single greatest influence in my falling in the way of law. Walking into his large book-lined office was an integral part of my days growing up. There were occasions when the room was occupied by clients, and the little boy ended up sitting and listening in on some conferences! Then when in 1979 my father moved to Delhi from Calcutta after being appointed the Additional Solicitor General of India, I followed him to Delhi in 1984, after my class 10 exams. Now I had the opportunity of closely observing him on a regular basis in the Supreme Court. That influenced me to no end, and from then on, I knew that the only profession for me was law. Right through my professional career and till he passed away, he was a sounding board for me. I am glad that he lived to see me appointed Additional Solicitor General of India in 2009, exactly 30 years after he had been appointed to that post. I credit a considerable share of my achievements to his guidance.

I also credit my teachers at Cambridge University, where I studied law, for encouraging good habits of careful reading, reasoned analysis, and lucid writing, which have stayed with me. As for the early years of my career, unusually, I never worked in a senior’s chamber. Of course, I had the opportunity to work with some of the best lawyers in the country, and I am grateful for all that they taught me.

As far as remaining goals are concerned, all I can say is that I hope I will be a better lawyer tomorrow than I am today. 

What would you say has helped you emerge as a leader in your industry and what advice would you have for others who want to set off in a similar direction?  

It is kind of you to say that I am a leader in the profession. I certainly never set out to be one. My aim has always been to do the best I can on every case I work on. I have of course been lucky when it came to opportunities such as excellent education, exposure to the profession from an early age, and the guidance of my father, but I sincerely believe that ultimately the secret of my success has been this determination to work hard and give my best in every case. 

I think it also helps to do a wide variety of work. It allows us as practitioners to learn to look at a given issue from different perspectives Apart from arbitration-related disputes, I have worked on family law issues, property law issues, insolvency and bankruptcy, company law, complex contracts, tax law and even some criminal matters. Having such a varied caseload allowed me to become a better lawyer. 

How has the legal services industry transformed in the past year? What have been your key learnings from the year past and what are your predictions for the future?

The legal world has undergone a sudden upheaval in the past one year, for reasons that are well known. The sudden shutdown of physical hearings, the slow, painful switch to the online format, pushed each of us to adopt ways, which were hitherto thought unworkable. It also heightened inequalities in the legal profession, putting at a disadvantage those with inadequate access to digital infrastructure. Over this year we have got used to online hearings, but it cannot be denied that in the normal course they are less satisfying than physical hearings. Going forward, therefore, it is likely that the online format will not be the norm. On the other hand, we have all seen the benefits of online client meetings, and many may want to continue with these, if only to cut down on unnecessary travel. I am sure my colleagues in the profession who used to drive across town to come and brief me are grateful for having been spared that over the last year!

What role can law or an individual play in making workplaces truly diverse and inclusive?  

It is often felt that certain laws may be amended in the books, but the real battle is to change our own ways of thinking, and consciously work to build more inclusive institutions and workplaces. We must understand that a diverse and inclusive workplace is intellectually enriching and professionally rewarding. Pronouncements by the Courts and legislative intervention do of course matter. Our Courts, especially the Supreme Court of India, have always been the harbinger of change, even in the face of resistance. The relatively recent verdicts on Section 377 IPC, the rights of the disabled, the Sabrimala verdict, etc. all reinforce our faith in the Judiciary, and its intent and ability to effect changes in society by taking the first steps towards more diverse and inclusive spaces. 

An experience, case or person that left a lasting impression on you. 

I think the Italian Marines Case was one case that left a lasting impression. While no amount of money can make up for the loss of life, winning the case ensured that the next of kin of the two fishermen who were killed will at least be taken care of financially. For this case, we were up against an army of lawyers, but we prevailed. I even remember citing a blog by an Italian professor who was supporting India’s position on this matter. 

Another recent case that has left an impression was that of Government of India v. Vedanta. I had the privilege of being appointed as an amicus by the Supreme Court in this matter. The Supreme Court clarified the position of Indian law on laws applicable in arbitration. I felt honoured to have been able to assist the court in coming to its conclusion.

What keeps you busy when you’re not working? Any favourite book or movie/series that you'd like to recommend to our readers.

My juniors will dispute any claim by me that I believe in free time or leisure. Nevertheless, I do have my recreations. At the end of a long day I enjoy reading, particularly historical detective fiction, and I share my son’s love for superhero movies and series. During court vacations, I very much look forward to travelling to places of natural beauty or rich history, and good food!

A message to our readers; and what other than hard work is a mantra to success? 

We all have our unique struggles, and different circumstances in life, which inevitably and unwittingly influence our choices, perspectives and opinions. There will always be people who you think are achieving more than you in the profession, who, in your opinion, are better connected, and getting ahead. Whenever you are struck by a thought like this, do remember that this is not a hundred-metre sprint, but rather a marathon. If you stick it out, it will work out for you. Compete only with yourself; because your journey is unique to you, and no one else may be able to walk in your shoes. There is space for everyone here. The rewards, should you persevere, far outweigh the trials and tribulations.