I am no one to decide who is guilty and who isn’t – Senior Advocate MT Nanaiah

MT Nanaiah is one of the most sought after criminal lawyers in Bangalore. The veteran senior counsel with a penchant for sensational cases talks to Bar & Bench’s Aditya AK about accepting cases no one would touch, corruption in law enforcement, and more..Before becoming an advocate, MT Nanaiah was a journalist with Deccan Herald in the 1960’s. It was while trying to cut it as a hack that he drew inspiration to pursue law..“When I was a journalist, a lot of people came to me and told me about their issues. Poor people would tell me about the lack of legal aid. So, I pursued law to help them. Today, when they come to me with legal issues, I try to help them out, free of cost. I also request my juniors to assist them whenever possible.”.In 1977, he enrolled as an advocate after obtaining a law degree from Bangalore University. And he started off with a bang..“I was very lucky. On the day I enrolled, I was given a murder case to defend and, it resulted in an acquittal! During the early days, I was relatively freer; I worked under a senior for four months and after that, I went into the trial side to learn how things are taking place..By the eighth month of my practice, I started appearing in several high-profile matters. In one of those, I defended the state Home Minister who was accused of committing a murder.”.On the day I enrolled, I was given a murder case to defend and, it resulted in an acquittal!.Since then, MT Nanaiah has seen pretty much everything. He recounts a macabre case where he defended a murderous godman..“In the late 80s, there was a Swamiji who used to perform rituals by slitting the throats of girls who had just attained puberty. I remember parents used to be afraid of sending their daughters to school. No lawyer would go near the case.”.It is partly through defending the indefensible that MT Nanaiah made a name for himself, apart from being a stellar lawyer, of course. He admits that he often draws flak for his stand..“People asked me how I can defend a murderer. I am no one to decide who is guilty and who isn’t. I only defend on the basis of the charge sheet filed. Ultimately, it is for the judge to decide the case.”.Perhaps the case that brought him into the limelight was the stamp paper fraud case, in which he represented the kingpin, Abdul Karim Telgi. He continues to defend his client’s cause defiantly..“[Telgi] was accused of contributing to producing counterfeit stamp paper and notes. There are several cases pending against him in the Karnataka High Court and other courts. In one of those, the high court has reversed the conviction. Four other cases against him are yet to be decided. The ten-year sentence handed out to him is already over, yet he is in jail because of the pending cases..It is alleged that Telgi caused a loss to the state exchequer to the extent of 36,000 crore, which is not correct; the amount is around 4,000-5,000 crore, which is not small amount. The total amount has been calculated considering the unused counterfeit stamp paper as well.”.That same case took a rather bizarre turn after Telgi alleged that he had been infected with HIV while in police custody..“He had stated that when he was taken into interrogation, this is what had happened. It is difficult for me to say if the infection happened then or before that. For a person with crores of rupees in hand, it is highly possible [that it happened before]. ”.While on the topic of the police, he reveals his experiences with officers who are bought off to imprison innocent people..“The police has the power to settle several cases, but they don’t. Once a case is lodged, invariably a charge-sheet is filed. In some cases, it is just not required. They also tend to blow the charges out of proportion. I’ve seen cases where an innocent man is arrested and sent to jail. Even though the investigation report says that he is innocent, the police will still file a charge sheet.”.I’ve seen cases where an innocent man is arrested and sent to jail. Even though the investigation report says that he is innocent, the police will still file a charge sheet..However, he admits that not all of the police is plagued by corruption..“I had an interesting case where two persons – a lady and a man were arrested on the basis of a false dying declaration. Later, the police officer who attested the dying declaration came to me and admitted that they were innocent. He requested me to get them out of jail and even offered to pay my fees..How many policemen have this sort of conscience? Now I am in a predicament. If I go too harsh on him, the court will pass strictures against him and he will be sacked.”.Moving away from specific cases, MT Nanaiah talks about what it takes to be a good criminal lawyer. Mastering the art of cross-examination, he says, is essential..“You have to be spontaneous when it comes to cross-examination. It is like throwing a ball against the wall. If you throw it correctly, you can catch it again and again with your eyes closed. If you don’t throw it properly, you will be running helter skelter to catch it.”.You have to be spontaneous when it comes to cross-examination. It is like throwing a ball against the wall. If you throw it correctly, you can catch it again and again with your eyes closed..The conversation moves on to the other side of Nanaiah’s practice, matrimonial matters..“I had a case where a couple who had known each other for five years got married and decided to get a divorce a few days later. No one wants to face the responsibilities associated with marriage..We adopt a conciliatory approach towards the innumerable divorce cases we get, even though separation is easier and less time-consuming. But settlement is in the best interests of the children. Many a time, ego gets in the way of settlement. People are being wrongly advised to file several cases.”.And it is this refusal to settle, he says, that has contributed to pendency rates..“The main reason for pendency is judicial vacancies. A colleague of mine told me that there are 25 vacancies for district judges in Bangalore alone. Another reason is that lawyers don’t look to achieve compromises. For example, in a partition suit, where everyone has received an equal share, what is the fighting to be done? So, the advocates have a lot of responsibility not to fight all cases. Wherever possible, they should go for settlement.”.Having spent almost forty years in the profession, MT Nanaiah has noticed that the expertise of lawyers on the original side leaves something to be desired, especially considering that we are in the information age..“The advocates must be updated with the latest legal developments. For that purpose, court libraries must be updated. Nowadays, it so happens that a case which has similar issues to one that has been decided earlier, is admitted before the court. Both parties then end up arguing a case which has already been argued and the court is also unaware of this..Today, the standard of the both the judges and the advocates is slightly (pauses) I don’t want to say lowered. Lawyers must be more aware of the law, given the fact that today, all laws and judgments are available on your fingertips. When we started, all this information was not so accessible.”.Lawyers must be more aware of the law, given the fact that today, all laws and judgments are available on your fingertips. When we started, all this information was not so accessible..Having said that, he does believe that young lawyers trying to make it in the profession should be financially supported..“I agree, after five years of depending on parents, they need to be paid. All the 46 advocates who work for me are happy! But there is a problem of having a fixed salary. What if he comes for ten days and then disappears for the rest of the month? Only if the person takes interest and works hard will I help him and try bringing him up.”.He concludes by saying that there is a lot more scope today for making it big in litigation practice than there was before..“Over 300 advocates have left this office to set up their independent practice. So, young lawyers today should work hard with the goal of setting up their own practice. Earlier, it would take 5-6 years of struggle for an advocate to start on his own, but now, if he works very hard, he can get out in less than two years. That is of course, if he has a good senior!”