JAMMU: Aseem Kumar Sawhney, a prominent lawyer known for his expertise in criminal law, has made significant contributions to the legal field, handling high-profile cases that have garnered public attention. With a passion for criminal law, Sawhney has found both thrills and satisfaction in his work.
He has successfully managed notable cases such as the Rassana rape and murder trial and the recent cases involving a minor girl found in a 5-star hotel with a J&K Police SI, as well as the alleged murder of a Janipur doctor by her colleague dentist/doctor. Additionally, he has handled numerous rape, murder, and abetment to suicide cases.
In an exclusive online interview conducted by Ajmer Alam Wani, Editor-in-Chief of JK Monitor, Sawhney shared his insights on the legal profession. He emphasized that civil cases often suffer from delays, which tarnishes the perception of the system. However, he recognized the importance of civil law in matters related to properties, easements, partitions, and recoveries. Sawhney described civil law as an ocean of knowledge that requires continuous learning due to its technical nature and the skill and acumen demanded of lawyers.
Sawhney also highlighted the game-changing role of arbitration in the litigation arena. Recognizing the common complaint of litigants regarding delays and procedural complexities, he praised arbitration for its time-bound and effective procedures, facilitated by a dedicated arbitration tribunal. He firmly believes that arbitration holds the key to addressing delays in the judicial system. Drawing from his experience as an official conciliator for SBI Credit cards, Sawhney emphasized the benefits of alternative dispute resolution mechanisms such as arbitration, mediation, and conciliation in resolving matters without resorting to litigation.
Having served as the Additional Advocate General of Jammu and Kashmir from 2018 to 2021, Sawhney resigned in December 2021 to focus on his private practice. Currently, he also serves as Counsel for the Election Commission of India and several other organizations, but his main focus remains on his legal practice. Sawhney's journey in the legal profession has been turbulent yet rewarding, having initially contemplated a career in media but ultimately dedicating himself to the legal field to assist his father, a prominent Advocate of J&K.
During his tenure as the Additional Advocate General, Sawhney handled numerous departments and prominent cases, including those related to the Excise policy, criminal appeals, and significant PILs during the COVID-19 pandemic. He also represented the UT Government in the Supreme Court of India, securing a substantial increase in revenue for the J&K Government. Sawhney's expertise extended to arbitration cases involving the Government, as well as important cases such as the RB Chopra murder appeal and the legal challenge to Waheed Ur Rehman Parra's online oath subscription directed by the NIA Court.
While Sawhney remains committed to providing pro bono services, particularly to the weak, poor, inform, children, and religious and spiritual bodies, he prefers not to publicize his charitable work, following the principles of "sewa" in his dharma. If approached by individuals or families in need who are unable to afford his services, he is willing to offer pro bono assistance. However, he adheres to the ethical guidelines of the Bar Council of India and refrains from soliciting work from jails or similar institutions.
Challenges of time constraints, the anxiety of clients and their families, and the inadequate number of judges and infrastructure pose ongoing hurdles for Sawhney in his legal practice. Nevertheless, his unwavering dedication to the profession and his notable track record continue to establish him as a successful and respected lawyer in the legal community.
Read full interview as below:-
- Can you briefly introduce yourself and share with us your experience and journey as a lawyer, and what motivated you to pursue a career in the legal profession?
Ans: I am Aseem Kumar Sawhney, a lawyer by profession and was appointed as an Additional Advocate General of J&K in 2018, After giving my services to the Govt of J&K till 2021 finally I resigned in December 2021. Today I am also a Counsel for the Election Commission of India and several other organisations but my main thrust is on my private practice. My experience as a lawyer has been very turbulent; but really nice. In fact during my law college days, I wanted to venture into media line and become a journalist which I did pursue initially when I started a weekly newspaper, finally as destiny would have it, I had to divorce that profession, for my legal practice and I had to devote my full time and energy to my legal profession as I had to assist my father who is himself a prominent Advocate of J&K, so I had to burn midnight oil to carry the baton and establish myself as a successful lawyer. My inspiration to join the profession was my father but I would credit my destiny that pulled me towards the law practice from newspaper / media work.
- As a former Additional Advocate General of the J&K High Court Jammu, what were your key responsibilities and the most significant cases you handled during your tenure?
Ans: As a Additional Advocate General, I was assigned the Court of Hon’ble Justice Rajesh Bindal (now Judge of the Supreme Court of India) who was at that time appointed as the Acting Chief Justice, so during those days I was given the responsibility of about 35 Deptts including Home Department, GAD, Law and Justice, Forest, Revenue Deptt etc. I have handled other prominent departments in the J&K and Ladakh High Court at Jammu like PDD, Education, Criminal Work of almost all Districts of Jammu Division, Kashmir Division Police cases in Jammu wing etc. The prominent cases I handed during my tenure were the famous Excise policy cases, where the Wine Shops of Jammu were allotted in auction apropos a change in excise policy and the review petitions were filed, I also appeared for the UT govt in the Supreme Court of India and from Rs 5 Crores for annum, J&K Govt fetched Rs 100 crores or more. Then I handed almost all criminal appeals, during the COVID 19 pandemic the PIL pertaining to the said issues including Oxygen shortage and deaths etc, PSA detention of several high profile detenues and alleged dreaded criminals etc. Even few of the arbitration cases of the Govt were conducted by me. Even the RB Chopra murder appeal, Waheed Ur Rehman Parra’s case wherein the NIA Court directed his oath subscription online which was challenged by the Govt of J&K. Rest is history.
- Can you discuss the areas of law that you specialise in and the types of cases or matters you typically handle?
Ans: I usually practice in the J&K and Ladakh High Court at Jammu, even appear before the Supreme Court of India and also handle criminal, civil, arbitration and and matrimonial matters in District Courts. In fact I handle all types of cases Constitutional, Criminal, Civil, Consumer, Arbitration, Commercial, IP, matrimonial and Service matters. Barring tax and Revenue matters before the Revenue Courts - I handle all cases.
- How do you approach arbitration cases, and what role does arbitration play in resolving legal disputes effectively?
Ans: Arbitration is a game changer in arena of litigation. The common complaint of most of the litigants was delay and procedural rigmaroles. However if arbitration is adopted the procedure is time bound and effective and there is a dedicated arbitration tribunal unlike a Civil Court and therefore it is a private adjudication system. I think the answer to delays in the judicial system is arbitration. Even many matters get resolved by conciliation and arbitrations. I have been an official conciliator of the SBI Credit cards and used to resolve most of the matters that came before me, regarding the SBI credit cards defaults. That was a great firsthand experience where without resorting to litigation the matters were resolved in pre-litigation stage and it was a win win situation of the consumer as well as the SBI Credit cards, therefore I can say with certainty that the next best thing is arbitrations, mediations and conciliations which are also modes of alternate dispute redressal mechanisms.
- Can you share any notable achievements or success stories from your experience as a lawyer in consumer court cases?
Ans: Sure, in fact very recently, I have been successful in two significant cases before the High Court where my client purchased a medicine for Rs 50 and for defective production of the pharmaceutical company there were three tablets less and for a price of 6 tablets only 3 were packed and sold to the patient in 2003. the State Commission granted Rs 50,000 compensation to the consumer in 2008 in the appeal which was argued by me and company filed a writ petition in 2008 and only last week before vacations the Division Bench decided the case and upheld the order of the State Commission and finally after 23 years the consumer/ my client got justice and that Rs 50,000 with interest must have now become more than Rs 2.5 lacs and the Court also imposed costs for litigation @ Rs 20,000 albeit the strictures and remarks against the company for manufacturing spurious drugs were expunged by the Court on my consent. Another consumer case was also of an insurance contract where the Insurance Company did not pay the proper compensation to my client for his shop at Batote that was gutted in fire.
The award, which was passed in favour of my client, was enhanced by the State Commission in appeal and the Insurance Company filed a writ petition before the High Court. This case was also decided recently by the High Court’s Division Bench and yet again we were successful and my client got roughly Rs 10 lakhs with interest now while as the awarded amount was Rs 3 lakhs approx. with interest. Since the amount was lying in FDR, the interest that accrued was awarded to my client and he went home, happy and contended. Thus, not only professionally but emotionally also the profession of law is very satisfying and it gives a purpose of life and complete job satisfaction, when your clients go home with tears of happiness in their eyes.
- What is your approach to handling criminal law cases, and what strategies do you employ to ensure a fair and just legal process for your clients?
Ans: You see, I never knew it how it happened but I had actually fallen in love with criminal law. I find it thrilling and satisfying both. I have handled the most popular criminal cases of the times like the Rassana rape and murder trial (till I was appointed as AAG) in 2018 and now the famous cases of the minor girl found in a 5 star hotel with a J&K Police SI etc and that Janipur doctor’s alleged murder by her colleague dentist/doctor. Besides these I have handled many, rape, murder, abetment to suicide cases etc. My approach is simple, gather all facts from the client, from the file and from the prosecution case, if possible understand all angles of the case and formulate a strategy based on sound law. I try my level best to ensure that justice is done to my clients.
- In the field of labour and service law, what are some common issues you encounter, and how do you advocate for the rights of workers and employees?
Ans: In cases pertaining to service law, since post 2019 the cases have been transferred to the Central Administrative Tribunal and the labour cases are usually contested before the Labour officers, conciliation officers, the ALCs etc there are Industrial Tribunals and Labour Courts which exclusively deal with these matters. Like matters pertaining to workmen, bank employees below managerial posts etc are now to be adjudicated by the Central Labour Court at Chandigarh since J&K is a UT now, that’s tough for our poor people to go to Chandigarh.
The CAT Jammu though is making efforts but the adjudication process is slow and tedious, there are hardly 1 or 2 benches in a day that too online and half a day so the Tribunal has not been able to deliver time bound justice which is the hall mark of justice system. It is often said justice delayed is justice denied, and even if you get the promotion after retirement, it won’t give you any sense of satisfaction or success, therefore on this count the Govt of India must do something, which I earnestly request. Now take for instance an employee is not paid his wages, he has to approach the Authority under Payment of Wages Act and it gives quick justice and that award is executable by a Judicial Magistrate, thus these adjudication systems have proved well.
- Can you discuss your expertise in civil law, including any significant settlements or judgments you have achieved in civil cases?
Ans: As I have already told you, the only taboo with civil cases is delay. Once a case for eviction or possession of property from occupier or tenant starts it is not likely to end in one’s lifetime, which is a common perception that mars the system as a blot but otherwise with regard to properties, easements, partitions, recoveries etc the only way is a civil case remedy, thus Civil law is an ocean- one learns and learns every day as its highly technical and based on skill and acumen of a lawyer. Only recently in the high profile case of an ex Minister I was appeared for my client where the High Court passed an order in appeal directing the ex Minister and high profile political not to sell or alienate the property in question. Then there are several such cases of shops, injunctions, defamations, recoveries that I have contested.
- How do you approach the drafting and vetting of various agreements and documents, and what measures do you take to ensure their legal validity and enforceability?
Ans: More than agreements or documents, I am on to pleadings before Court being a litigator. As I am not much into corporate deed drafting work so this would not be relevant in my case.
- As a visiting guest faculty at IMPARD, what subjects do you teach, and how do you contribute to the professional development of aspirants?
Ans: Teaching and lecturing is another thing I love besides my law practice. I teach Constitutional, administrative, civil, criminal law to the candidates in IMPARD. Topics on RTI Act, SC ST Prevention of atrocities Act and Protection of Women from DV Act are also allotted to me, on which I delve and discuss with the participants. I give them case laws and examples based on real facts, and therefore I try to enrich their knowledge.
- Can you share any insights into your role as the Standing Counsel for the Election Commission of India and the nature of your responsibilities in that position?
Ans: As, I told you the ECI is another Constitutional Body that is responsible for conduct of elections to the Lok Sabha, Rajya Sabha, UT Assembly and even the ULB and PRIs, therefore wherever the ECI is impleaded as a party in the Court, the role of a lawyer starts. Since there are no elections at the moment, there is hardly any litigation or election petition filed. However, the election petitions too are to be filed in the High Court where a Judge of the High Court acts as a Tribunal for the matter.
- What are some of the key challenges you face as a lawyer, and how do you overcome them to provide effective legal representation to your clients?
Ans: The main challenge I face is no time or very less for family, then the anxiety of the client or his family is another issue. When the son is in jail the parents wail and weep in the chamber or in a service matter or PSA detention matter where the delay is being caused and one gets dates over dates only, there the clients become frustrated and the wrath falls on the lawyer when client is not ready to understand the constrains of the Courts and less number of judges, therefore that is another challenge of the profession. Too many cases, too less judges and infrastructure is another contentious challenge in the system.
- Can you discuss any initiatives or pro bono work you are involved in to provide legal aid and support to underprivileged individuals or marginalized communities?
Ans: I believe that if I do pro bono work, which in our dharma is called “sewa” it should be done without any publicity therefore I will not reveal what, how and where I do this sewa, but yes I do pro bono work for weak, poor, inform, children and religious and spiritual bodies. if anyone contact me or seeks my service for the marginalised and underprivileged- I surely would do it but at the same time under BCI ethics I cannot go and solicit work from jails or such like places therefore if any person or family needs my service which I consider is not able to pay fee or afford me, surely I would do the same work pro bono.
- How do you stay updated with the latest developments and changes in the legal field, and how do you incorporate them into your practice?
Ans: That is a very important aspect of a lawyers life, stay updated with the judicial developments. I keep reading latest judgments, surf the SC and HC websites and read judicial news and latest judgments which keep me updated.
- Can you share any advice or guidance for aspiring lawyers who are starting their legal careers or considering specializing in specific areas of law?
Ans: A profession of law especially litigation work is hard but like goose berries, initially its tasteless but eventually very gratifying, therefore the success mantra is find a good chamber, seek the guidance of good senior who is your Guru, like we go to a good college, learn the traits of practice and work hard with diligence and perseverance. Sky is the limit in this profession and even besides wealth, it gives to self confidence and respect in the society, however the results sometimes come very late, and one should hang in and not give up. This profession demanding good oration and very good drafting skills, however the Court room is the stage and the gallery and the Judge are the real judges of your hard work, talent and knowledge. Sometimes you lose the case, but win the clients and the Judge, when you have worked hard and argued well.
- How do you prioritize the ethical considerations and responsibilities that come with being a lawyer in your daily practice?
Ans: Yes, ethics are another important aspect of any professionals life be it a lawyer, doctor, teacher, engineer. That comes from the values which you have been imparted from the family, school and system. For a lawyer who is in this noble profession, any compromise with ethics will bring your downfall, firstly the reputation ends and then legal action can be initiated by under law. I keep ethics as utmost priority and never compromise on my ethics and principles.
- Can you discuss any specific initiatives or efforts you have undertaken to promote access to justice and legal awareness among the general public?
Ans: As discussed I have attended many legal aid seminars in MIET Law college, Dogra Law College, K C Law College for legal awareness besides speaking on media / social media about various contentious issues be it Roshni land cases or anything else. I have given a series of interactive programmes in Doordarshan and therefore through media have made the viewers/ general public aware of several topics.
- What are your long-term goals and aspirations as a lawyer, and how do you envision your contribution to the legal profession in the coming years?
Ans: I am a student of law and every passing day I am learning and honing my skills in law practice and wherever destiny takes me I am ready to go, albeit hope to carry my hard work, passion, love and compassion and concern for my client along with.
- Finally, what message or advice would you like to convey to our readers about the importance of seeking legal counsel and understanding one's legal rights and obligations?
Ans: Yes, please before you take any step regarding any matter which you think might land up in any Court, Tribunal or forum, please seek legal advise as a stitch in time saves nine.