The President of a Bar Association is like the chief of a big family – Arun Sharma, President of Shahdara Bar Association

A lawyer for seventeen years, Arun Sharma is the President of the Shahdara Bar Association in Delhi. In this interview with Bar & Bench, he talks about his early years, the difficulties of heading a lawyer’s association and his thoughts about the legal profession.

Bar and Bench:  Can you tell us about your early years? What prompted you to choose law?

Arun Sharma:  I was born in a village named Badal, UP in the year 1972. I shifted to Delhi in 1985 after completing my graduation from Janta Vedic College, Baraut, UP.  I have been practicing law since 1997. I have been dealing with criminal cases. What prompted me to choose law? Nothing specific! As a lawyer, it was my hobby to examine and crossexamine witnesses. I was interested in the criminal side.

B&B: Do you come from a family of lawyers?

Arun Sharma: Not exactly. My father is a businessman though my brother is an advocate. He deals with criminal and civil matters pertaining to the High Court, Supreme Court and District Courts. I deal with cases of High Court and district courts.

B&B: How were your initial years as a lawyer?

Arun Sharma: It is always good to be a junior lawyer. If you are working under a senior, you will always think, “If I am not be able do this, my senior will definitely do it.”  But few difficulties are there. I feel that if a person does not practice independently, he will always depend on his senior’s work. Individual practice is better as the advocate has to deal, draft, argue, examine and cross- examine by himself. When you work independently, you have to do everything yourself. There is no other option. But, the other part of story is that if we did not start under some senior, we would not have got the opportunity to argue in many cases.

B&B: What makes a good lawyer?

Arun Sharma: I measure the competence of a criminal lawyer according to his hard work, his process of examination and cross examination, his method of arguing and how well he deals with a particular case. No advocate can be judged on the basis of whether he wins or loses the case. A good lawyer can be measured by how he has pleaded, argued and drafted for the party or litigant he is representing.  The presentation has to be good.  An advocate needs to be good in dressing and addressing.

An ideal lawyer should have studied the case he is arguing thoroughly. He should have practical experience too.  Merely going through books will not help. He needs to appear in the court frequently. He should argue his case in a gentle and dignified manner without misbehaving with the other counsel or any other judicial officer.

B&B: Over the years, what changes have you seen in the field of law?

Arun Sharma: Previously, the juniors who used to come to work respected their seniors. Today, this is not the case!

Previously, if there was complaint in the Judiciary that an advocate has misbehaved, there was a presumption that this must have happened. But now, due to camera surveillance, any act can be recorded. I think, camera recording inside the courtroom is essential.

B&B: Do you see any differences in the kind of cases you get over the past decade? 

Arun Sharma: Today the cases that come to us are based more on false allegations. Previously, when any incident happened, there was a realm of truth in it. Only then was an FIR lodged. Today, if an FIR is not lodged for a complaint, action will be taken against the policemen who have resisted it! Policemen will not try to find the reality in the circumstance but will first put themselves in a safe position. If a lady goes and complains to the police about molestation or rape, the police has to register the FIR first without investigation. So, this is wrong!

B&B: Sexual harassment cases against judges have come to the forefront. Your comments?

Arun Sharma: Be it a case against a judge, lawyer or public at large, necessary investigations need to be carried out. In the very beginning, the allegations made should be investigated properly by the concerned authorities.

B&B: How many members do you have in Shahdara Bar Association?

Arun Sharma: About 5,000 members. In 1997 I became a member of this Bar. In 1999 I became executive of the Bar. After a gap of 2-3 years I became president of the Young Lawyer Welfare Association. After a gap of 5 years, I was made  Vice-President of the Shahdara Bar Association.  Presently, since October 2013, I am the President of the Bar Association. Politically, I have won 4 elections from Shahdara Bar Association.

B&B: How has your experience been as a Bar Association President?

Arun Sharma: It’s a post of responsibilities. It needs to be carried out sensibly. The people who have voted for me, I need to live up to their expectations. I try doing it and following it myself. Whatever is best possible for the Bar, I try to execute it.

B&B: What are the biggest challenges that you have faced as Bar Association President?

Arun Sharma: When you are the President of Bar Association, you are like the chief of a big family. Now since you are handling a big family; you have to look at the needs of everyone. With a good team, you can solve all the problems.

B&B: What are the biggest challenges that you have faced and the greatest learning that you have received through your cases over the years?

Arun Sharma: Law practice is an endless learning process. The day I joined this profession, I thought that by the end of 10 years I will be a perfect and renowned lawyer. But even now I feel that I will take another 10 years to become such an advocate. Hence, it’s like swimming in a deep sea. The deeper you go into it, the more you realize that it’s almost endless. You just need to work hard continuously and be techno-savvy.

B&B: What according to you is the biggest reason for pendency?

Arun Sharma: There are certain judicial officers who prolong the entire process. Let us say there is a case that can be decided in 10-15 minutes, but this case instead will be postponed for a later date. Sometimes it is postponed to a date that falls 6 months later.

One more thing is that all courts should be present within a single premise. A lawyer will be able to perform his best then. The bifurcation of courts is a major limitation. Litigants cannot always run between courts themselves and the advocates cannot reach the different courts in time too.

B&B:  Besides Saket Court, this is perhaps the only court that has a residential block for judicial officers and staff.

Arun Sharma:  I think this block was established about 10 years back. I feel all district courts should have residential blocks. Also, time can be extended for evening courts. As pending cases are more, the evening courts can be kept open for one hour more. People who stay in the residential block don’t have to bother about transportation and related expenses as well.  Even judges will be able to execute more. All this was done by the administration. The lawyers never demanded for a residential block.