In Conversation With Senior Advocate Sanjoy Ghose
There is no way of sugar coating this pill. Litigation is not for the weak hearted. The pay is dismal. Setting up an Independent practice is daunting. Especially for young lawyers who may come from not well to do families, sustaining oneself in a big city on woefully insignificant stipends/salaries is one big challenge.
However, once you get established in a litigation practice there is nothing as satisfying professionally as being a litigator. Not only the monetary returns, even in terms of personal satisfaction of having made a difference in people's lives is something only litigation offers. My advice to young litigators would be to hang in there. Please understand that this profession has a long gestation and there is space under the sun for all. So please do not be in any hurry to go independent. I also find many youngsters change their seniors very frequently. One needs at least a year in a court to be able to truly imbibe effective practical training. I have encountered many young lawyers who would tell me "Sir I want High Court experience. I have been with a senior lawyer in the Trial Court for 6 months I have learnt all that there is to do." In 6 months months no lawyer, however smart she may be, can learn all about a court in a matter of six months.
How was your experience as a lawyer representing the Delhi Government? What has changed after being designated as a Senior Advocate?
Which is the most memorable case in which you were engaged?
I have great hope for future bar. The young lawyers are the Gen- NCLAT, they are driven, they are confident and they do not hesitate to voice their opinions. We need a merit based fearless judiciary. As the Bar is the Mother of the Bench, for this we need a meritocratic and fearless bar. This I feel is finally possible with the young lawyers. Also with time, oppressive practices such as low stipends and control of oligarchs over the Bar are bound to wane. This augurs well for the future.
Also, I am delighted to see the increase in the number of women lawyers. I feel that once gender disparity is addressed in the Bar as well as the Bench, we will witness a greater democratisation of the Bar. With increasing use of technology in the world of law, the entire nature of lawyering is set to change and the youth undoubtedly hold the advantage when it comes to optimising technology. So I feel the future is bright, however I am always told that I am too much of an optimist.
How would you assess the tenure of the former Chief Justice of India NV Ramana? How do you see the change in judicial leadership with CJI Lalit at the helm?
Justice Ramana took office at a time when the credibility of the institution he helmed at touched its lowest nadir. Anything he would do to set the house in order would only be an improvement. The expectations were high. To be fair, Ramana did make the right kind of noises. He expedited the appointments but addressing the collegium logjam under Bobde. While Kureshi was thrown under the bus of pragmatism, he did manage to end the stalemate. However by the end of his tenure it was apparent to all that the lofty words he spoke of at seminars and talks were not matched in action.
Important cases such as 370, CAA, demonetisation and electoral bonds remained in cold storage. Also the government was given an easy escape route in matters like the Pegasus scandal. Ramana will therefore be remembered for the opportunity that he frittered away. In contrast, Justice Lalit, who has only a few months in office, has shown the power of "one". The magic that even one person can achieve if he or she is determined to make a difference. Not only are matters which remained for years in cold storage being listed for hearing, prisoners of conscience such as Teesta Setalvad and Siddique Kappan have managed to secure their freedom. He has truly restored the Supreme in the Court and more power to him.
Which is one book that changed your life, and you would like to recommend to our readers?
That is a really tough one. I am a bibliophile and to pin it down to just one book is raw cruelty. If I have to list a few, I would definitely list Maus, Art Speigelman's searing graphic novel on the jewish holocaust as one which got me interested in two genres in one stroke-graphic novels and the holocaust. Partha Chatterjee's masterly work "The Princely Imposter" on the iconic Bhawal Sanyasi Case is also a must read!
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