May 20,2019:
Name of the Legal Stalwart: Advocate Amitav Das
Contact Number: 91-9437351525
Email- Amitavadv@gmail.com
Member of Bar Odisha High Court
Area of Practice- Land Acquisition cases and other related matters pertaining to N.H Act, 1956, Arbitration matter, Public Interest Litigation cases, Constitutional Law, Civil laws, Criminal cases, Cases relating to monetary and contractual disputes, Service Matters.
Amitav Das is a practicing lawyer of Odisha High Court. He is currently the panel member of Paradip Port trust, National Insurance Company Ltd, East Cost Railways, Bhubaneswar Municipal Corporation, New India Assurance Company Ltd, Urban Co-operative Bank, O.P.T.C Ltd., M/S Eicher Motors, VE Commercial Vehicles Ltd. He is an alumna of University Law College, Utkal University, Odisha and has a master’s degree in Economics.
The Interviewer, Anwesha Das, is a student of 4th Year, BA.LLB (H), Damodaram Sanjivayya National Law University, Visakhapatnam, Andhra Pradesh.
- What made you choose law? Was this always a part of your plan?
No, it was never a part of my plan. During the last year of my Post graduation in economics, I felt that the world is full of keen commercial competition, and in these days of keen commercial competition a person has to possess several qualities. He has to shoulder the responsibility, take quick decisions, meets challenging needs and must be able to display the qualities of ready with and leadership. He has to win the love and affection of the sub-ordinates and confidence of the superiors. All these things fascinated me and I thought I will be able to do that with my potential and caliber. This is the reason I thought I can carry out and possess all these essential qualities. This motivated me to choose law as my career and profession.
- How do you feel after being so successful in the field of law?
I became active and started getting success because I was the first person in my entire family to choose law as a career. People say that lawyer’s next generation will be a successful lawyer. That was always the fear in my mind, but when I accepted my career as law I could find that only your potential and patience can lead you ahead, nothing more than that is required. I built my founding stone keeping patience as my strength and making sure to take up every opportunity I had and to show my potential to the fullest.
- It is a common phenomenon that in order to be successful in litigation you need a background first, what would you like to comment on this?
Initially when I enter the profession I was asked by people if I have a legal backdrop to which I would answer no. The reaction I get from them is it is very difficult for you to be successful then. But I lead my chamber after 3 and a half year. And I started my career as an independent lawyer just after four years of practice. If I can do it, then anyone can do it. As far as my opinion is concerned all this background, chamber, books, settlement is a part of profession, but it cannot be a deciding factor upon what kind of lawyer you want to be. It all boils down to your potential, patience, and perseverance. Even with all the background and legal backdrop, a person cannot succeed if he does not have the potential caliber and willpower to do so.
- Please share one or two memorable cases that you have dealt with during your professional journey?
During the second month of my practice, there was a case of ‘compassionate appointment’ scheduled in the Court where my senior was absent and the work I had was to take time for the next day. When I proceeded to take time appearing before Court the then Chief Justice of Odisha High Court Justice B.L Hansaria Put forth a question that “what is the case about”? I immediately answered it is on ‘compassionate appointment’. The next question from the Hon’ble Court was “has the father died”? To which I answered that he was declared medically dead. Court asked me “Are you prepared in this case”? I said yes I am prepared. Court further asked “why don’t you argue”? I said I will be misunderstood by my senior if I do so. Court said come forwards and argue, if any case of misunderstanding arises we will definitely adjourn the matter. Court gave the decision in my favor reinstated the person and ordered for back wages because fault lies with the management.
The second case was during the 10th year of my practice, when it was the matter of National Highway Authority of India (NHAI) and a designated senior advocate of Supreme Court was my opponent counsel. I won the case. I feel that so far as point of law is concerned, who is arguing against you is totally immaterial, you must stick to your point and be determined to raise your points in favor of your contentions. This was a remarkable case of my life.
- It can be seen that today's generation lawyers have more interest in corporate sector than traditional litigation, what would you say about it?
I fell today’s generation is very inclined towards corporate laws because they are more responsible. To deal with an individual is one thing, but to deal with a corporation or an institution is definitely a hard task. So when today’s generation is willing opt for corporate law it shows their affirmative approach towards taking up more responsibilities. They have the required capability or potentiality to deal with more complex and big organizations than just individuals.
- Any advice that you would like to give to the law students who are interested in pursuing litigation as their career?
Litigation is a very interesting field. There is a well-known saying ‘it doesn’t matter what you speak, it only matters how you speak’, once you remember this you can very well pursue litigation as a career. Everybody knows the law, what matters is the manner of presentation. Once you master the art of presentation you can successfully take up litigation as a career.
- What part of your work do you find most challenging? At the same time what is the most enjoyable thing about your work?
It is a very subjective question, what is enjoyable differs from person to person. Drafting is that part of my work which is most interesting for me. Drafting has major role to play, it is the only written submission which the Court takes into consideration, anything beyond the written pleading is not to be heard by the Court no matter how relevant it is. Reading the supreme decisions of the Hon’ble judges is the enjoyable part.
Most challenging part is that, lawyers entering the Court hall with the hope and pre conceived notion that the judge knows more than me. That is a wrong concept because it is your case, you have dealt with the client, no one has studied the case more than you no one knows about the case more than you do not even a judge. I take it as a challenge to never accept anything said on this case because I know more than the judges as far as this case matter is considered. If that will be your concept, if that is the belief you can never be put into puzzle by the Court anytime in future.
- Please share three strengths of the Indian Legal system which makes the strongest pillar of democracy.
The three strengths of legal system which makes the strongest pillar of democracy are (1) Justice deliver system (2) Process of adjudication like the mandatory requirements of free legal aid and right to be represented by a counsel (3) Amicable settlement of disputes.
- What according to you are the areas where legal system in our country needs to improve?
In my own view, it is my personal view it has nothing to do with any particular high Court or any other Court, a change in adjudication system is needed. I have seen that whenever a party approaches the Court, the party is directed by the Court to approach the authority. This habbit of the Court is needed to be changed, because what is the problem of an individual today might become a problem of the society tomorrow.
- What is your wisdom and success mantra for young legal professionals?
Yong legal professionals are already very energetic and have a lot of courage and enthusiasm in them. All I want to advise them is to derive the joy of the legal system and to develop patience, potential and perseverance in them.
