We represent causes that may be unpalatable to many: Sidharth Luthra, Rebecca John, Mohit Mathur speak on Career in Criminal Law Practice

"Criminal litigation exposes us to the power struggle between the individual and the state, criminal laws represent the last bastion for rights", Senior Advocate Rebecca John speaking at a webinar on Career in Criminal litigation said..The session moderated by Advocate Bharat Chugh, saw the senior counsel reminisce about their formative years in the legal profession, and the content of criminal law practice that sets it apart from other areas of law..“In Criminal Law Practice we deal with humans, not pen and paper”Senior Advocate Sidharth Luthra, speaking on the differences between criminal law and other areas of law..The senior counsel were speaking at a discussion organized by the Jammu and Kashmir Judicial Academy and the High Court of Jammu and Kashmir..Senior Advocates Rebecca John and Sidharth Luthra sought to dispel the notions people harbour about defending persons who are accused of heinous crimes. The lawyers were responding to a question on how a lawyer was to reconcile their personal feelings about a crime and accepting a case brief.In this regard, the Senior Advocates spoke of their experiences in the Nirbhaya and Hathras cases..Senior Advocate John spoke of her experience representing the accused in the Nirbhaya gangrape case towards the fag end of the case, despite her disapprobation of the crime. She stated that her fundamental belief in due process spurred her to represent the accused in the case. She made sure her client was allowed all the defences they deserved, whatever her own views..“The idea of sitting on a higher horse and passing judgments, let us leave it to TV studios. In real life, we are taught by our mentors to be compassionate... If anything, criminal law teaches us humility."Senior Advocate Rebecca John .Continuing on this theme, Senior Advocate Luthra recounted his sleepless nights after he sought the death penalty for the rapists in his role as Prosecutor in spite of his strong reservations about the punishment because "at the end of the day, it is someone's life you are dealing with"..He also informed the audience that he is representing the accused in the Hathras case for which there was a lot of pushback he faced but, "as lawyers for defence, we represent causes which may seem unpalatable to a lot of people especially those on primetime TV but professional ethics teaches us that we must do the job to the best of our ability," Luthra said..“Your job is advocacy, do your job to the best of your ability. If you want to determine the guilt or innocence of someone, then become a judge... or a primetime news anchor.”Senior Advocate Luthra.Senior Advocate Mohit Mathur quipped that one was never to “fall in love with a brief”. It was imperative to detach oneself from a case..“My father used to say that only criminal lawyers have a constitutional duty to defend his client”Senior Advocate Mathur.Senior Advocate John emphasized, however, that if the case somehow posed an ethical dilemma or could potentially lead to a conflict of interest, one could decline a brief.In other cases, a counsel was never to judge his client, whatever their morals were, she observed.."What I learnt early on is, nobody is asking you to lead an immoral life but don't transpose your morality on other people... I believe that if a person is entitled to certain defences, then they should be given those. A robust defence must be given to every individual because that is a constitutional right."Senior Advocate Rebecca John.The three senior counsel spoke of the depth of experience and exposure that could be obtained from practice in trial courts as opposed to concentrating on work at the appellate courts..Lamenting the top-heavy nature of the Indian legal system, and the importance attached to practice in the appellate courts, Senior Advocate Luthra likened the system to an inverted pyramid..“You need to have a base without which your pyramid (of legal practice) will topple”, he said..Senior Advocate Rebecca John spoke affectionately of the mentorship and guidance she received from Advocate Dinesh Mathur, who is Senior Advocate Mathur’s father. When he saw that she was serious about her work, he began personally guiding and teaching her. He was a parental figure, she recalled fondly..Both Senior Advocates Luthra and Mathur recounted that they had no desire to be criminal lawyers, although they were sons of illustrious lawyers..But circumstances led them both towards law practice, and they did not start their careers in their father’s offices, they stated..The three lawyers exhorted students and young lawyers interested in starting out in criminal practice to focus on research and understanding the law, particularly the Indian Evidence Act, and be thorough with their case facts from start to finish..Describing the speakers as “the best in the country” Chief Justice of the Jammu and Kashmir High Court, Justice Gita Mittal, thanked them for the discussion..The session closed with a vote of thanks by Rajeev Gupta, Director of the Jammu and Kashmir Judicial Academy.

We represent causes that may be unpalatable to many: Sidharth Luthra, Rebecca John, Mohit Mathur speak on Career in Criminal Law Practice

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