September 2,2018:
Name of Legal Stalwart: Advocate Shrikant Aithal
Enrolment Number: 5935/2011
The Interviewer, Pranjali Sharma, is a 3rd year Law student of NMIMS Kirit P Mehta School Of Law, Mumbai, Maharashtra. She is currently interning with LatestLaws.com
Introduction:
Advocate Shrikanth Aithal is a practicing advocate in High Court of Bombay, he deals with civil matters i.e. matters related to property, testamentary suits etc. He completed his L.L.B from Siddharth Law College, university of Mumbai. Also, he was the gold medalist of his Batch.
Q1. Are you a first-generation Lawyer?
My maternal uncle is a judge, but I have no one in my family from legal background. So yes, I'm a first-generation lawyer.Q2. When did you decide to pursue law as a profession?
I did my masters in political science, it was never from the start that I wanted to pursue law a profession but during masters, I started appearing for my own litigation matters and that is when I developed an interest in the field of law.
Then I did my LLB from Siddharth law college, Mumbai and further starred working in a law firm.
Q3. How was your experience in Law School?
My law school experience was very enriching and memorable. The faculties were the experts in their field and their teaching methodology was very interesting. Thus, making the subject more comprehensive and understandable.
During my college days, there was no such bar on attendance but I used to have 100% attendance, because of my inclination in this field.
Q4. How do you think the law school education has changed since then?
There are a lot of changes since then, one would be the large number of subjects which are there in the curriculum. When I was in law school the subject were comparatively less.
Q5. What are views regarding the technological advancements, can they replace books?
In my view technological advancements can never replace books or human mind, one can not solely rely on the software. For example: you have Manupatra as a software to research on, but what to search is the issue. You will find 20 judgements on injunction but of what type, what procedure, that is something which you need to learn.
These software’s definitely make life easy, but they can never replace a human mind or books. One can not understand the intricacies of law through artificial intelligence.
Q6. Would you like to share any experience or first day/case in court?
My first day of court was terrible, the matter I was sent to deal with was with a judge who was the master of CPC and grilling lawyers, whosoever comes in front of him- senior, junior he used to grill them equally.
On my first day, he asked me to put reliance on a certain Statue, when I failed to do so he sent me back without hearing my plea.
Q7. Were you scared the next time you went before him?
I was a bit scared but I never gave up. Whenever he used to grill me, I used to go back and read that particular section from Mulla’s Civil Procedure Code. And that made me a master of CPC, now I have learnt the statute so well that it gives me an edge while preparing for cases.
Sometimes, in such situation all you need is resistance and perseverance to succeed. You might get scared but if you work hard instead of giving up, you have better chances to succeed in life.
Q8. Please share two or more memorable cases you dealt in your professional journey?
As I deal with a lot of property matters, I can recall two most interesting cases:
First, it was a testamentary suit: in which two siblings (brother and sister) were fighting for the will, which was forged. In such cases an expert witness is called, they then check the validity of the will. whether it is forged or not. The second, is also a property dispute in which the servant was claiming the property on the ground that he has married the land lady i.e. his principle and hence he is the right full owner of the property.
Q9. Please share three strengths of the Indian Legal System which make it strongest pillar of democracy?
Three strengths of Indian legal system are:
- Compensation in tort law.
This law is made by the court itself, when a case comes to court it is on the wisdom of the court to decide the damages and compensation. As it can be modified cases to case.
- Reform in criminal law: Free Legal Aid
The Indian courts are very progressive in this area, in criminal matters a plea can not be set aside without hearing that is the principle of natural law. Providing a person with free legal aid, gives him an equal right to be represented in the court of law.
- Concept of PIL
Q10. What according to you are the areas where legal system in our country need to improve?
In my view, Indian judiciary need to work in a manner which decreases the delay caused in delivering the justice. Some cases are pending for last 15 years, this is something which our legal system needs to work on.
The delay caused in procedural nitty-gritties needs to be curbed, otherwise what is the benefit of giving justice, when the person concerned cannot enjoy its fruit.
Q11. What are your views regarding Fast Track Courts?
This can be considered a strength of our system as they are made in order to deliver speedy justice. But in my view, this needs a little bit of reform like:
Firstly, there should be an act for Fast Track Courts which categorically talks about the procedure which needs to be followed. This will increase accountability and transparency. Proper rules and regulations is an essential component of delivering speedy justice.
Secondly, listing the kind of cases which are to be considered under this act. For example, raping a minor girl, atrocities against women, terrorism and corruption are some to be named.
Having a list will simplify the procedure which in turn will help in better implementation.
Q12. What is your wisdom and success mantra for young legal professionals?
In the field of law, there is only one success mantra i.e. to Read.
“Law and Medicine are cursed professions” it is imperative to read, if you want to succeed. Being a voracious reader gives you an edge in the field of law.
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