In Conversation with senior counsel & former Additional Solicitor General, Mukul Gupta

Senior Advocate Mukul Gupta has served as the Additional Solicitor General of India. The senior counsel has appeared in several high stake matters such as the Bombay blasts case, Jessica Lall case etc before the Supreme Court of India..In this interview with Bar & Bench’s Smrithi Suresh, he talks about his role as the ASG, recent stand of courts on air pollution, litigation vs law firms and more..Smrithi Suresh: Why law?.Mukul Gupta: After doing my B.Com. from Delhi University, I was in a fix whether to do Law or CA. My father, who was then practicing on the tax side, advised me to take up law as a career. After completing my law in 1980, I started my independent practice in the field of taxation but soon ventured into areas of then traditional civil and criminal litigation..Unlike now, criminal law was not segregated into conventional crimes and special crimes say white collar crimes. Thereafter, from 1995 till my designation in 2010 as a Senior Advocate, I was the Standing Counsel for AIIMS and used to look after the litigation of AIIMS in all forums. I must admit that my association with AIIMS helped in my transformation from a general litigation lawyer to a specialist in Education and Medical laws as well as in Administrative Law..Smrithi Suresh: You have served as the ASG previously. The role of ASG has assumed controversial overtones at times. How would you describe your relationship with the government?.Mukul Gupta: The counsels are the face of the government before the courts. Before being an ASG, I was often engaged as Special Counsel in the Supreme Court for the Union of India, besides having appeared for the MOHFW, Delhi Police, CBI, NIA, and other governmental agencies. Therefore, I’ve enjoyed a fair bit of good relations with successive governments..The success of any government, whether it is state or central, is dependent on the results it gets from the Courts. Today, there has been an increase in the number of Writ Petitions and PILs challenging governmental policies and actions..The government will be able to get success in the courts only if it briefs the counsels with full fairness and reposes full confidence in them. In turn, only when the counsel is confident of his brief can he succeed before the Court..Conflicts and controversies are bound to take place when stakes are high but they can be easily avoided and settled in-house, rather than vented in public..Smrithi Suresh: What are your thoughts on the tough stand taken by the Supreme Court and the Delhi High Court on air pollution?.Mukul Gupta: The stand taken by the Apex Court, the High Court and the NGT on air pollution matters are in consonance with the need of the hour. There is no denying the fact that the health of the country is deteriorating and in my opinion, it was high time that the Courts intervened..However, one must not allow himself to be swept away by the waves of public outcry. The Odd-Even Rule, the ban on 2000CC plus cars is an attempt towards the greater good, but it is the duty of the courts to see whether it would ultimately lead to the desired results. There is an urgent need to act, but we should avoid ineffective and hasty steps..I remember we were able to get the seal of the court, when the legislation on ban on smoking at public places, depiction of pictorial warning on tobacco products, ban on display of tobacco products in films, televisions, etc. were challenged before the Apex court, only after we placed several reports that these steps were effective and desirable. Even public awareness on the issues of pollution and health changed thereafter and perhaps would not have been the same as it is now..Smrithi Suresh: You have appeared in a slew of high profile matters ranging from the Red Fort shoot out, Jessica Lal, Bombay blast case to Anbumani Ramadoss. Can you talk us through your approach? .Mukul Gupta: One must be a master of the facts; law will follow naturally. Each and every small fact is important and I draw my line of submissions emanating from those facts. In many a ways, your exposure in one case helps you in the other but you should not allow that to blur your vision or else you are bound to loose your ground..In my opinion, a well-planned strategy can ultimately decide whether your client succeeds in the court or not; for at times, you have to loose the battle to win the war. The constant switch between a Prosecutor & a Defense lawyer is not easy as the very approach needs a sudden change. However, in both the roles, if you keep your approach rational, then the path ahead becomes smooth..Smrithi Suresh: CJI Thakur recently criticized the CPIL for possible support to rival commercial interests in its petitions. In your opinion, how does one defend oneself from vested interests playing behind several litigations?.Mukul Gupta: I see the anguish of the learned CJI in that remark as well. Every one knows that CPIL engages itself only with litigation concerning big business houses or important personalities and not for the common man. Therefore, the observations of the CJI, which are based on hard realities, are absolutely justified..There is no universality in the concept of vested interest, one has to reason out the popular perceptions and take a more pragmatic approach. There will be many cases where a lot is going on behind the scene and one has to keep his guard up against people with vested interests. Proper foresight and a deep understanding of the consequences of various actions is the best way to defend oneself..Smrithi Suresh: With the emergence of various forums and regulatory bodies like SEBI, PNGRB, TDSAT, CCI etc. do you think there has been a change in the role of lawyers?.Mukul Gupta: Certainly, there has been a change in their roles. There are certain vital procedural and jurisdictional issues that are associated with each and every statute. The lawyers who concentrate on one or more of such forums are in a better position to serve their clients. We, as lawyers, have moved from general practitioners to one specializing in a particular field..These institutional and sectoral watchdogs are over-active, aimed at correctional justice in the field they govern and their orders have far reaching consequences, which is certainly bringing about a change in the whole perception as to the practice of law. But on the other hand, it is equally important to keep in mind that the rights of the parties and the free play in market decisions must not get hampered in over-enthusiasm..Smrithi Suresh: What is that one piece of advice given by your seniors that you hold to close to your heart? .Mukul Gupta: There is no substitute for hard work..Smrithi Suresh: Litigation Vs Law firms- Your thoughts?.Mukul Gupta: It is an issue which is very much alive these days. Our profession has become a page one profession. The younger generation, without realizing and appreciating the hard work put in by the old guards, are seeking quick success and would often take decisions based on coffee table discussions..Whether one wants to join litigation or a law firm is dependent on one’s personal choice. Both the sides have their own advantages and disadvantages. It is important for any young lawyer to know what he aims in life and then decide what is the best way to achieve them. One should strive towards learning, money will follow. Unfortunately what we are seeing today is the other way around..Smrithi Suresh: If you could describe the profession in a nutshell..Mukul Gupta: The legal profession is a mode for doing service to the people and for securing their rights, interests and liberties. It does not mean that one should not fend for ones own bread and butter but at the same time, he should ensure that it does not become a tool for harassment and victimization. Fairness, dedication and righteousness are the virtues that make a good lawyer stand tall amongst others.