Senior Advocate Sudeep Pasbola, a prominent figure in Mumbai’s criminal defense landscape, has spent over 35 years practicing law at the Bombay High Court and subordinate courts. As Chairperson of the Bar Council of Maharashtra and Goa, and an alumnus of Thane Law College, Pasbola has made a name for himself in significant cases involving organized crime, terrorism, political defamation, and civil liberties. His clientele includes high-profile names such as Indrani Mukerjea in the Sheena Bora murder case, Abu Salem in the 1993 Mumbai blasts trial, and Arun Gawli in the MCOCA trial, among others.
On a bustling Saturday afternoon, amidst the hustle of junior attorneys and clients, Pasbola sat down with Neha Joshi from Bar & Bench for an insightful discussion. He elaborates on the increasing length of trials, the diminishing independence of the judiciary, and the necessary reforms for the future of the legal profession.
Passion for Criminal Law
When asked about his decision to specialize in criminal law after enrolling in 1987, Pasbola attributed his interest to his association with notable criminal lawyers like Mr. Pathak, BP Singh, and GG Lala, who played instrumental roles in shaping his career. He emphasized his unwavering focus on criminal practice, from magistrate courts to the Supreme Court, never venturing into civil law.
Influences and Mentors
Pasbola credits his professional growth to his mentors, including GG Lala, BP Singh, and Advocate Harshad Ponda. He also acknowledged the impact of Senior Advocates like SR “Baba” Chitnis, Shirish Gupte, and Ashok Mundargi on his career.
Defending the Presumed Innocent
Addressing the common skepticism faced by criminal defense lawyers, Pasbola reiterated that every individual is presumed innocent until proven guilty. He shared that his role is not to judge but to defend, irrespective of personal assessments or public perception.
More Read
Challenges of High-Profile Trials
Pasbola noted that while he shuns publicity, the pervasive influence of media and public sentiment on trials is undeniable. He suggested amending the Advocates Act to permit limited publicity to ensure balanced narratives reach the public. Lengthy trials, he added, often lead to lapses, attributable to an overburdened system rather than individual case delays.
Navigating Media Trials
In high-profile cases, Pasbola advises clients against media interactions, highlighting the detrimental effect of media trials where the accused is often pre-judged. He emphasized the importance of courts maintaining objectivity despite external pressures.
Judicial Independence and the Role of Media
Pasbola expressed concern over the judiciary’s waning independence, attributing it partly to the muzzling of the press, which historically supported judicial impartiality. He noted that the balance between the judiciary and parliament, once favoring judicial independence, has shifted towards legislative dominance.
Bar Council Leadership
Pasbola’s involvement with the Bar Council stems from his desire to contribute to societal welfare and improve legal education. He criticized the quality of legal education and the lack of proper training for law graduates, emphasizing the need for reform.
Challenges Facing Lawyers
Discussing issues within the legal profession, Pasbola pointed out the economic struggles of young lawyers, the influx of professionals from other fields into law, and the need for the Advocates Protection Act. He stressed the importance of welfare schemes and infrastructure improvements in courts.
Mentorship and Legacy
Pasbola highlighted the significance of punctuality, dedication, drafting skills, legal research, and ethics in legal practice. He lamented the loss of human connection in client relations, advocating for a more empathetic approach to defense lawyering.
Ultimately, Pasbola’s career reflects a deep commitment to justice and the legal profession, underscoring the need for ongoing reforms to uphold the integrity and independence of the judiciary.
