In Conversation with Adv. Sahana Gopal

Adv. Sahana's journey into the legal field is a testament to her unwavering determination and passion for advocacy. Initially, she began her career in academia, teaching law at various colleges. However, after recognizing her potential and desire to make a tangible impact, she transitioned into litigation, starting primarily in criminal law. Over her eight and a half years of practice in Karnataka, Sahana has successfully balanced her focus between criminal and civil cases, aiming to ensure that her voice is heard beyond the confines of the classroom.

Her specialization in constitutional and administrative law has significantly influenced her approach to criminal defense. Sahana firmly believes in the rights of every individual, including the accused, to be represented and defended. This foundation allows her to navigate the complexities of the legal system, ensuring that her clients receive fair treatment under the law.

In addition to her litigation work, Sahana has pursued advanced studies, earning a Postgraduate Diploma in Medical Laws and Ethics from NLSIU. This specialization has deepened her understanding of medical jurisprudence, which she often applies in cases involving medical evidence. Currently, she is also conducting Ph.D. research focusing on women's reproductive rights, a topic that resonates deeply with her commitment to social justice and fundamental rights.

As the administrator of Jnana Law Academy, Sahana plays a pivotal role in preparing aspiring legal professionals for the Karnataka state judicial service. She collaborates with retired judges to provide comprehensive training that emphasizes the analytical skills necessary for effective judgment. Her innovative online training program has garnered significant interest, allowing practicing advocates to enhance their skills without sacrificing their ongoing legal work.

Sahana’s approach to criminal law is not just about defending clients; it also involves exploring alternative dispute resolution methods when appropriate. She often encourages mediation in family disputes, aiming to promote reconciliation and protect the welfare of the children involved.

Her experiences in the courtroom have honed her skills in cross-examination and advocating for her clients' rights. Sahana approaches each case with a keen understanding of the emotional complexities involved, balancing professionalism with empathy. She finds fulfillment in the challenges of criminal law, valuing the opportunity to safeguard the rights of the accused while navigating the intricacies of the judicial system.

Student Assistant: Ms. Sahasra Raghuraman, Student, IFIM School of Law, Bengaluru

Could you tell us about your journey and what initially inspired you to become a practicing advocate in criminal and civil cases?

Before this, I was into teaching in law colleges. Later, I felt I had the potential to come out of my boundaries and start into litigation, and that's how initially it was criminal, which I started, and later. I thought I should balance both subjects equally, and that's how I was, and most importantly, I wanted my voice to be heard on an open stage or in an open place in public. Rather, I felt I was wasting my time and four walls inside four walls.

How long have you been practicing law in Karnataka, and did you focus exclusively on criminal cases at some point?

It's been almost eight and a half years.

Has it been mostly criminal cases, Ma'am?

I mostly handle criminal matters, but I do have civil family service matters.

How has your specialization in constitutional and administrative law influenced your approach to criminal defense cases?

In criminal defense cases, the constitution and administrative law play an important role. Everyone has the right to be represented; even the accused have the right to be defended and receive free legal aid. Another one is to obtain all the copies of the prosecution, and equivalently, the chance, that is given to the prosecution, is the same thing. I ask as a matter of right because the constitution is supportive especially in the high court and supreme court because the constitution matters, you get to see only major in the high court.

How has PGD in Medical Laws and Ethics from NLSIU contribute to your understanding of legal aspects when you have undertaken any medical cases in criminal law?

Okay, so, especially if you're conducting a criminal case or any such study, it's very important that you have medical jurisprudence to back you up. So, in medical jurisprudence in-depth, if you have to know, I think medical laws are very important in the aspect of examination, analysis, and understanding of crime. So, that is where I wanted to specialize in that.

Could you share any insights into your ongoing Ph.D. research and its focus within the field of law?

My area of expertise is women's reproductive rights, which are mentioned in the fundamental rights as a legal right. So, the topic I am discussing is whether or not abortion is actually a legal right or if it is required for children's rights, as well as what the government's particular analysis is, particularly with regard to India and the USA. Therefore, the idea of my womb and my right is currently in vogue everywhere. What manual duties are returning to the guiding principles of state policy as the state policies to protect reproductive rights, and how well have courts updated that? That is what women and women who are currently using the reproductive system have to offer to the major. So that is what I am concentrating on.

As the administrator of Jnana Law Academy, how do you train, prepare, and advocate for aspirants for the Karnataka state judicial service, particularly in the context of criminal law?

I, as an administrator, handle all the major subjects, but I have to coordinate with the retired high court judges and retired district judges, especially when trying to train them. We teach them how, as a judge, you have to analyze aspects of law and of mind and apply them to your cases while keeping in mind the law. So it's not that in one way you have to think because as a defense, it has as a prosecution. So you need to judge based on the material placed there. So that's how the training is given, especially on papers: how to write papers, how to write a judgment, how to write a judgment, especially when there is circumstantial evidence. So that is how we train aspirants, especially when they come first, we have t; motivate them that this is the only job that is going to be your life. Once that fits in their mind, then definitely I think any subject that doesn't need any specification, but any subject or any specification that automatically comes into their mind.

 

Speaking of training, I'm sure there are aspiring individuals who are more inclined towards practicing, and there are those who are appointed as civil judges. What is the strategic difference that takes place to achieve successful results for either with respect to training?

The training is online. I had a good number of admissions, especially when it was online, because all practicing advocates cannot leave practice and get into full time coaching classes like IAS and exams. So online, we used to send them, especially from the Jnana Law Academy, we used to send them their assignments or tests, where even in 40 minutes they have to get back to us and regular training based on the practical aspects is concentrated. See, we have CRPC in huge, but everything is not applicable to civil judges. So, what part of that is important for a civil judge only a practitioner would know? Because what part of that important aspect of district level judges wants to know is that we are known only to a practicing advocate who practices in lower court, district court as well as high court. So as per that, I trained them and in their first attempts, they got appointed.

 

What are the benefits students receive as part of Jnana Law Academy? Any prescribed books or recorded classes?

More than prescribed books, the running cases, and depositions will be given to them. And also the entire study materials from different universities, as well as our experts who have prepared a few lectures and some solved question papers. But mainly for the running cases, which are in Kannada and English depositions, judgments will be shared with them. They learn more through the live material than I know about some other things.

 

What exactly motivated you to create study material for aspiring judges?

I was also an aspirant to write civil exams. It actually came out that I passed my law degree in 2013, 13, or 14. But I could see as I was cross-checking there were some mistakes or errors, and I was not happy. So later, when I had to ask some of the public publishers why you have this quality of books and they say we don't have anybody to write. So, they asked me to write. I have taken publishing rights for the student edition next 2024 for 30 books. So that's how I started. So, one book which went out of print for the first time for district exam and now an ongoing process for different subjects.

After judging various national and international remote code competitions, it must have been a great experience. How has this exposure influenced your courtroom advocacy in criminal cases?

You tend to say how the court has influenced me in court of conduct criminal cases? Yes ma 'am, because I believe that the structure as well as the reality perspective, it is completely different. Yes, sometimes that tends to be like we learn from students as well. So, especially their research skills, the way they present, that has really influenced me mainly for my both etiquette but criminal practice and because I've never got an opportunity to judge the criminal case in most court because most of it is in constitution or international law or some other company law, but very less status in criminal law.

Since you must have attended international seminars or presented papers in certain conferences, what is one takeaway from the event that you have?

One I have presented the paper on medical evidence that is on expert report on criminal trials. Actually, that research gave me a wider impact on how criminal cases can be conducted and also there, it was actually an international seminar in Delhi. So people who are also, most of them were into teaching professions and when I presented the approach of medical law in criminal trials was different. So, it was quite tough for people to accept that but in fact, it was reality and realistic and so my paper got published. I was not aware, but my paper got published, especially how medical evidence plays an important role. Can there be, can this be considered as substantive evidence for convicting a person? So it is just expert evidence which is only circumstantial. That is what my presentation is all about.

 

Could you share an example of a criminal case, void of the details due to confidentiality of course, where you successfully use medical laws and ethical considerations to defend your client?

Yes, indeed. In one of the cases, it was a POCSO case (Protection of Children from Sexual Offences Act), and the medical report revealed injury marks. These marks were crucial in determining whether there was penetration. It's essential to differentiate between wounds and injuries, as they have different implications. The medical records, especially the swab test, were critical in the investigation. Although injury marks were present, there were no traces of semen, which proved to be helpful in indicating that there was no penetration. However, it's essential to consider that injury marks can result from various causes.

What qualities are essential for a criminal defense lawyer, and how do you strive to embody them in your practice?

In the legal profession, both the criminal advocate and practicing advocate must embody certain qualities. They need to immerse themselves in the entire case, from the charge sheet to the complaint, as if they are personally involved. Such deep involvement enables them to defend effectively. The application of laws in criminal cases is of utmost importance, as even minor discrepancies can significantly impact the case's outcome if not addressed in court. Despite thorough preparation in the office, the stress and pressure of the courtroom can sometimes lead to a loss of presence of mind. It is crucial for defense counsel to maintain a balanced and calm demeanor during trials, ensuring their blood pressure remains normal. However, it's natural to feel tense while anticipating the witness's answers and planning the next questions. Yet, staying composed is essential, especially during session cases, where patience is crucial. In the end, what truly matters is giving one's best effort and being honest in the profession. Not every case may result in an acquittal, and some may end in conviction. Nevertheless, as long as advocates uphold their commitment and honesty, they fulfill their professional duty to the best of their abilities.

 

How do you handle the emotional aspect of it? What is the balance that keeps you grounded?

Initially, I used to get hurt or feel low when I learned about the heinous nature of some cases. It was hard to comprehend how people could commit such serious offenses. However, over time, I came to realize that the individuals who come to seek legal help are often burdened with mental agony and trauma. The consequences of their actions and the guilt they carry may be the most significant punishment they will face in their lives. While I try not to get emotionally attached to every case, there are instances where the emotional impact is unavoidable. Recently, I had a case where a husband and wife were going through a divorce, and I was advocating for the wife's partition and maintenance. Shockingly, during the process, the lady's own brother and mother ended up killing the child. These emotionally charged cases serve as a reminder of the complexity of human emotions and the gravity of the situations some people find themselves in. As an advocate, it is crucial to approach each case with empathy and professionalism, while also being mindful of the emotional toll it can take.

 

In another case, the husband was also involved. Just two days before my hearing, the child was no more. It was heart-wrenching, as I had a close connection with the kid. A few weeks prior, in court, the Judge had asked the child about her father, and she wasn't comfortable with it. However, when the Judge asked her about her aspirations for the future, like Sahana Ma'am in court, it made me realize the impact I could have on someone's life through my profession. This incident deeply affected me, and I was disturbed for almost a week. My parents, especially my father, expressed concern, advising me to consider if I could handle such emotional tolls in this profession. It was indeed challenging to come to terms with the loss of a nine-year-old child, who had been subjected to such horrific circumstances. The child had been raped by a worker at home and then tragically killed by her own brother and mother. Witnessing such cruelty and feeling powerless to protect the child haunted me. Even with my education, power, and being a woman in a position to advocate, I couldn't save the child or promise her a future. It was a devastating realization. I stand by the lady involved in the case, supporting her through the criminal and civil cases. The civil case abated due to the loss of the child, but there are still ongoing criminal cases, including a t302 murder case and a POCSO case against the husband and brother. I share this experience with my interns to remind them of the emotional toll this profession can take. It was the only case that drained me emotionally and disturbed me profoundly. I had to take a break from attending courts during that period, as the impact on me as a woman and an advocate was overwhelming.

 

How do you approach cross-examination? You had mentioned questions in, I think, your response a few minutes back. How do you approach cross-examination of witnesses in criminal cases and what are the exact preparation strategies or factors that you take into consideration?

Understanding the case requires presenting everything contrary to the initial statements made to the police. Many senior counsels stay calm during cross-examination, and I try to learn from their approach. However, when I begin cross-examining, my voice tends to go up naturally, as I am blessed with a strong voice. If the public prosecutor or any other counsel tries to interrupt or if the witness does the same, I become assertive and aggressive in response. Both my juniors and my mother, who is also my senior, have advised me not to be too aggressive. But predicting the answers during cross-examination is essential. With proper prediction, I can approach the questioning more effectively and confidently.

A lot of people who are giving their statements develop a persona on the stand. The people who are giving their statements. And to a certain extent, they might also be lying, or they might have overflow of emotions. How is it exactly that you deal with it when you are cross-examining?

Sometimes, people accuse me of being inhumane because I staunchly defend my clients. However, when witnesses break down or overreact during cross-examination, I remain composed and refrain from getting angry. It's crucial to remember that certain questions that may seem damaging to their character are asked with the court's permission. In one particular case, I was cross-examining a witness who had undergone open-heart surgery six months prior. The pressure on her was immense, given the seriousness of the case involving a significant amount of 90 lakh rupees in a cheque case. During the cross-examination, the witness collapsed in the witness box. The entire court, including the judge, showed mercy, but I had a feeling she had been resorting to such dramatic actions in previous hearings. The judge even made eye contact with me, insinuating that the witness's health episode was a consequence of my cross-examination.

Despite the judge's offer to adjourn the proceedings, I demonstrated dedication by expressing my need to continue questioning. The reason was that my clients' livelihood was at stake, and the case had to progress. However, witnessing the witness's health deteriorate in open court was quite an emotional experience, and it serves as a reminder of the human aspect of legal proceedings. It might sound like something out of a movie scene, but the incident genuinely occurred. The witness had been under immense stress, knowing that she had to face me for the third time within a year. She was visibly anxious, drinking a lot of water in front of me. Eventually, the stress took its toll, and she collapsed and vomited in the court, causing embarrassment. These experiences emphasize the importance of balancing the duties as an advocate while recognizing the humanity and emotions involved in legal cases. It is essential to approach cross-examinations with professionalism, ensuring that the process remains fair and just while maintaining respect for the individuals involved.

How do you address emotional and ethical challenges that can arise while representing clients who are accused of serious criminal offenses?

Emotionally nothing, just go with the facts. That's all.

 

Have you come across any cases where they tried to accuse you of misconduct because things didn't go their way they tried to blame you or something like that?

Yeah, so there was this incident in Mysore where I was arguing a case against a senior opposing counsel. During my argument, I mentioned that her husband was treating her inhumanely at home, depriving her of food, and the like. In response, the senior counsel made an extremely offensive comment in open court. Surprisingly, the judge remained silent, not objecting to his inappropriate remark.

I couldn't stand for such behaviour and immediately stood up, confronting him about his offensive comment. I reminded him that he, being a father of daughters, should not be making such inappropriate remarks, especially in the presence of other lady advocates. I demanded that he retract his statement, but the judge didn't support me, possibly because I was not a local in that Mysore court, being from Bangalore. The judge insisted on posting the matter the next day, even though I had prior commitments at the High Court. I tried my best to explain the lack of urgency and the absence of any High Court directions to post the case the next day. However, the judge and the opposing counsel accused me of making an allegation against the judge and threatened to suspend my practice.

In response, I took a bold stand, removing my band and stating that they can suspend my practice if they wish, but I will challenge their actions. I called upon other advocates present to witness that my arguments were based on the correct procedure and the rules and regulations governing the court. I emphasized that adhering to the correct legal procedures should be the priority, regardless of the seniority of advocates. I spoke confidently because I knew I was right and had a strong understanding of the procedures involved. In the end, the judge didn't record his applications but gave me 15 days' time. This incident taught me the importance of standing up for what is right and following the principles of law, irrespective of the challenges or opposition faced in the courtroom.

What are the qualities that you see as a successful criminal defense lawyer, and the follow -up question is, how do you strive to embody them in your practice? Who is your role model?

For me, if I have to say my role model in litigation of practice or judiciary, it's my Dad. since I have been seeing my dad as an advocate, as a public prosecutor and he got into the judiciary. So I was quite inspired by the way he does because he says what should prevail is justice. His name Gopal. He worked for 32 years. He worked as a part of the judiciary. And once I started practicing, I became independent recently. Like two years back, he joined me for practicing. He practices only in high court and Supreme Court and up at tribunals.

 

Especially in cross examination, if you have to ask a question, if you have to speak for a case, he used to give me inputs. You are doing it right, but the right manner is different. So if you have to make a difference in the courts, try this. That's how he used to give me input. And I think the entire law career, if I have to be, I'm trying to be like him, but I know I can't. But I'm trying to take up the qualities of what he has, especially to stay calm, submissive. And the only thing is, you attack the subject. Nothing else. No irrelevancy talks and no talking with opposite counsels. To the point. Yes. If we are friends also, it comes outside, but in court, we are opposite. Only subject matters. Nothing else. That's what I've learnt.

 

What was that turning point in your life when you knew, number one, you wanted to do law number two, you wanted to pursue criminal law?

In my final, like in my fourth semester of engineering, I realized that I'm not going to make it here. And I decided that I have to get into the public domain. And that was only law. So that was one point I decided and got back to law. And when I was in law, I decided I didn't want to work under any senior counsel like, oh, I work under the senior counsel, but I wanted to be one of them. Like, yes, the youngster is known for criminal cases. I wanted my name to be there.

 

Could you tell us about your experience where you had to resolve a complex legal issue in a criminal case? Any examples you can give us?

It is an intricate case, a complex intertwining of domestic violence, attempted murder, and divorce proceedings. I was invited to represent the husband and wife, as I often do in such situations. She came to me with a peculiar request—she wanted to pay her dues to him only after he turned 42 or 45, so he would be of no use for another marriage. I advised her against wasting time, careers, and lives. Eventually, she had to settle, considering the children's future, and the matter was resolved for Rs. 55 lakhs.

The criminal cases were even more complicated, with five to six cases involved. Then came a shocking turn of events when COVID hit. The husband, in a misguided attempt to resolve the issues, thought eliminating her would be a solution. This led to a hired murder case against him, and he is currently in custody. It's horrifying to think he believed he could escape the consequences by taking such a drastic step. He even tried to concoct a story, claiming inspiration from a movie for his actions. The entire situation is distressing, and it highlights the complexities of legal cases and human behavior in the face of adversity.

 

Have you ever directed any of your clients towards ADR to resolve disputes?

Yeah, whenever they first directly come recently, one of the people who was referred by my high-profile authority The case was very simple. They had a kid, and she had sent a divorce notice, and this fellow was ready. So being a woman and having a family, I think keeping the ethics I said, Why don't you give one chance to your wife, and looking at the kid, why don't you get back to her? And he said, She has done that. So I said, when you get married, you live with a lot of hope. And don't you think giving one more chance because of your kids future would go to mediation? The matter was referred to mediation, and the meditation talks are going on. I think she may get back to him. That's what.

  

How do you approach sentence hearings in criminal cases? Let's say you also told me that in some cases the person is found guilty. How do you approach seeking leniency for your clients?

The thing is that every crime is not intentional. It may be because of some grave provocation or it may be with some object but not intentional. So considering the situation, the family of the accused age of the accused and further his career. I plead to convince the court for reducing the sentence. So based on that there would be some cases already been convicted. So arguing on a sentence that I'm only on these grounds we consider is that he's only a bad winner for the family, kids, his future, his career. That is what the court takes into consideration.

How do you deal with tough judges ma’am?

Just be submissive. Just be submissive That's all. Okay. all written applications, more than oral submissions. Everything has to be written. Even an adjournment is unwritten. Anything, you have to intimate to the court, should be in memos.

 

What do you find most fulfilling about your practice in criminal law and how do you envision your future in this field?

Already, I have delved into the legal field, and as I continue to practice, I find myself learning new techniques that contribute to my growth. This experience makes me believe that I can excel in this profession. Sometimes, when I address school students during career orientation sessions, they question my choice of defending individuals involved in criminal cases, going against my conscience. However, I firmly stand on the principle that even the accused have rights, and as a defense counsel, it is my duty to protect their interests. There is a multitude of aspects to explore in this field beyond just taking criminal cases. Each case presents unique challenges, but the key is to give my best effort without attempting to convince the judge. Instead, the ultimate satisfaction lies in convincing the client that their interests are being safeguarded, regardless of whether the case ends in conviction. I have encountered cases where bail was rejected, but my efforts never went in vain, and that is what truly matters. To avoid inefficiency, I prioritize being well-prepared, going to court promptly, and avoiding unnecessary adjournments. An honest and dedicated presence in court is the foundation of success in this profession, and that is what I strive to maintain.

 

Do you have anything to say for your students out there for aspiring criminal lawyers who look up to you?

What I always share with my students is that I faced failure once when I left my engineering course. People assumed my career was over, and I was excluded from get-togethers and wedding invitations. However, my determination led me to success, even if it came later. Now, I excel in my profession and work as an RTI advisor to commissioners. I emphasize to my students that age is not a barrier in the legal field. If they have a passion for learning and are willing to put in honest efforts, they can achieve greatness. I advise my law students not to prioritize money when choosing their career path. Corporate and teaching fields may offer attractive packages, but investing time in law can lead to long-term success and independence. The law allows you to be your own boss and have control over your time. I encourage my students not to take shortcuts but to be patient and committed to learning. Honesty and humility are crucial in any profession, including law. These qualities earn respect and recognition among peers and judges alike. Many bright students opt for corporate jobs, which disappoints me. I wish more of them would choose to practice law, especially in criminal cases, where their skills can make a real difference.

Time management is vital in managing a busy legal practice. It's essential to make time for personal growth, extracurricular activities, and teaching. Balancing these activities brings satisfaction and keeps one motivated for life. I believe that being content with the present would mean stagnation, and I continue to strive for greater achievements in my profession. I always remind myself and my students to approach each day with happiness and liveliness. Being positive and enthusiastic about the work we do leads to long-term fulfillment. While I am happy with my career, I refuse to be complacent because achieving satisfaction means losing the drive to excel. So, I encourage my students to embrace their legal profession with enthusiasm and joy. Instead of focusing on the challenges and workload, they should see it as an opportunity to make a positive impact on people's lives and society as a whole. Through dedication, hard work, and a positive attitude, they can excel in the legal profession and find true fulfillment in their careers.

For a woman, I tell you what is independence is not that you're out of your family or your, you're come out of things, you're staying alone. For a woman, independence is economically dependent. So once you start learning to yourself and you're not dependent on anybody, that is when you are ultimately independent and you see freedom. It's not that you're dependent on somebody, or anything, but that's not, you come out with still you're dependent. So for a woman, it's not that anything, but it is economic independence, money matters. So people say that money cannot buy you happiness, but independence is money. You have economic independence, you can achieve anything. You can reach anything because you're not scared of anybody for anything because you're no more dependent. I think this profession has given me that and I should probably say, yes, I owe a lot to this legal profession.