The world of law is very difficult. It often challenges our views about right and wrong. Especially India’s legal system faces many special pressures. This includes problems like corruption and influence of powerful people. We recently spoke to Tanveer Ahmed Mir, one of India’s top criminal defense lawyers. He has more than 26 years of experience. Mr Mir shared his deep experiences of fighting some of the country’s most high-profile cases. These cases include Aarushi Talwar murder case and Unnao rape case. His stories shed light on the difficult decisions that lawyers make. She also shows the struggles for justice in India.
The Lawyer’s Moral Compass
Many people think about how a lawyer defends a human being who they know is guilty. Mr Mir explained that a defense lawyer has a clear duty. Society gives lawyers the task of defending accused people. This means that a lawyer should not judge his client. Instead, they should focus on the legal case presented in the court.
Mr. Mir clarified his role. He said, “My job is to look into the case against my client in the court”. I make a strategy to break that case. I cross-examine the witnesses. My aim is to defeat prosecution lawyers in court” The lawyer’s personal feelings about a client’s crime do not guide them. The legal system ensures that everyone has the right to a defence. If lawyers refuse to defend someone, the system will fail. The Constitution of India gives this right. This is a fundamental social and professional duty.
Right To Defence
Even in serious cases like Ajmal Kasab (Mumbai 26/11 attacker), the law demands a defence. Judges appoint lawyers when no one else defends. This shows how important the right to defence is. Without this, society cannot truly achieve justice. Justice means fair trial as per law. This includes both prosecution of crimes and acquittal of innocent people.
Challenges Of Witness Protection In India
Witnesses in India are often at high risk. Mr Mir talked about the lack of strong witness protection laws. This makes it difficult for many people to raise their voice. Powerful people can influence the case. They can also harm witnesses. This issue is often featured in popular films, where witnesses receive threats or may even lose their lives.
Real-Life Threats To Witnesses
Mr. Mir shared a heart-wrenching personal story. His close friend Priyadarshini Mattoo was raped and murdered in 1996. He was an important witness in his case. He received threats. The Central Bureau of Investigation (CBI) could not provide him security. This experience made him fearless. He realized the great need for witness protection.
“I gave my testimony”, he said. I faced all my fears.” This event shaped his career. This made him committed to fighting for justice regardless of risk.
In another case, Mahendra Chawla vs. Union of India, the Supreme Court intervened. It laid down rules for the protection of witnesses. These rules are the job of the investigator to detect threats. If any witness is in danger, the government will have to provide security. This includes secret places and armed guards.
Unnao Rape Case: A Ray Of Hope
A powerful leader Kuldeep Singh Sengar was involved in the Unnao rape case. This case showed how the protection of witnesses can work. After the alleged attack on the victim’s family, the Supreme Court transferred all the cases to Delhi. The court ordered a fast trial. In this case, every important witness was given strict security. He was accompanied by two armed guards with AK-47 and was held in secret places. With this they remained safe from anyone’s pressure. Mr Mir said that if it had not been for tighter security, the outcome could have been different.
Corruption And Political Influence In The Police
Corruption is a major problem in law enforcement agencies in India. Mr. Mir said that police agencies come under influence easily. Powerful leaders can control them easily. This often leads to wrong investigations. “A leader in power can shake the whole system”, Mr Mir said He believes that this influence goes even higher than that of big police officers. When leaders are involved, police investigations are affected.
Delhi Thallium Case: A Shocking Example
Mr. Mir shared details of Delhi Thallium murder case. A man named Varun Arora had allegedly poisoned his in-laws with thallium sulphate. He did this because of a strange belief about reincarnation. After the death of his sister-in-law and wife, the police arrested him. Mr. Mir told how the police worked. He allegedly took money and helped the accused escape custody and consume poison. This shows that the police give priority to earning money over justice.
“The police leave no chance to make money”, Mr Mir said He told that many police officers are honest. However, corruption flourishes due to system weaknesses.
Correct Disclosure Of Evidence
Unlike countries like the US or UK, Indian investigators often hide evidence. They focus on making a case against the accused. They do not show evidence that proves innocence. This method weakens justice. Mr Mir said that this is a major flaw in India’s legal process.
Fugitives And Extradition
Many criminals, especially those involved in financial crimes, flee India. They seek refuge in countries where extradition is difficult.
Common Hideouts For Fugitives
- London: UK’s legal system has strong laws that protect individuals from wrongful trials. Fugitives may argue that their trial in India will be politically influenced. This makes extradition very difficult.
- Caribbean Islands: Places like Antigua, Barbados and Panama grant “citizenship from investment”. For just Rs 5 million (about $60,000 USD), criminals can take new citizenship. These countries then refuse to extradite them.
- Cyprus and the British Virgin Islands offer similar options.
However, countries like UAE and Saudi Arabia have different rules. If India has good relations with these countries, extradition can happen soon.
Unintentional Accidents And Justice
Road accidents are common in India. Many of these involve powerful people. Cases like the Porsche accident in Pune or the BMW Nanda case in Delhi highlight these issues. In such high-profile cases, punishment is very rare.
Negligence Vs Culpable Homicide
- Negligent death (Section 304A): This applies to unintentional accidents. Prison sentences are usually up to two years. Often bail is granted quickly. Lawyers try to keep such cases under this section.
- Intentional homicide not amounting to murder (section 304): This applies when a person acts knowing that his or her act may cause death, but does not intend to kill. Driving at high speed while drunk falls in this category. The prison sentence can be up to 10 years. These cases are very difficult to settle or eliminate.
Media often highlights high-profile accident cases. This makes it difficult for the accused to escape from the public eye. However, if the accused is not famous, cases are often suppressed. Police can take money to hide details.
The Best In This Business: Top Lawyers And Their Earnings
Mr. Mir told that the best criminal lawyers are the best trial lawyers. They have a deep understanding of the case from the ground up.
Qualities Of A Top Criminal Lawyer
- Trial mastery: They specialize in fighting cases in lower courts. This lays the foundation for appeal.
- Holding the case: They know every detail of the case. With this they can challenge any argument.
- Strategic thinking: They can create strong defense strategies and conduct thorough cross-examination.
Dr. Well-known lawyers like Abhishek Manu Singhvi are known for their arguments in the Supreme Court. However, special trial lawyers are very important for complex cases in lower courts.
Earning Potential
Top criminal lawyers earn a lot. They do not have a fixed fee structure like corporate lawyers. Instead, they charge based on the client’s ability to make payments and the complexity of the case. “A top lawyer can easily make 25 to 50 crores a year”, Mr Mir said Some may even earn 100 crores or more. Lawyers sometimes ask for “strange” fees, which clients pay because of high stakes. They often charge a large “retention amount” just to get the case. This could be several crores of rupees.
Why Does The Case Take So Long?
Cases in India often last for years, sometimes decades. There are several reasons for this:
- Lack of infrastructure: The ratio of judges to citizens in India is very low. There are only 21 judges per million citizens. This is much less than countries like America or China.
- Overburdening the court: Judges handle too many cases every day. If one witness takes too much time, many other cases are averted.
- Incomplete investigations: Investigative agencies like CBI and ED spend years completing their work. They often file incomplete charge sheets and continue the investigation for years. This prolongs the trial.
- Too many witnesses: Agencies often list too many witnesses for a case. This makes the trial even slower.
This slow system causes a lot of trouble for the accused. Even if they get bail, they have to fight the case for years. Mr. Mir believes that more judges, better courts and better infrastructure are very important.
Power Dynamics: Who Can Actually Help?
In India, some connections are more powerful than others. This can have a huge impact on the legal outcome.
- Politicians in power: Politicians in power have the greatest influence. They can control the entire system, even above top police and administrative officials. At the national level, a Chief Minister or Cabinet Minister can have a huge impact on investigations and trials.
- Local legislator: A local legislator (MLA) has considerable power in his constituency. Their local connections are strong and they can influence the local police.
- Bureaucrats and businessmen: While these are important, their influence is often linked to money or specific interests. He does not have the extensive system control of a powerful politician.
Mr Mir stressed that even though society fights it, political influence remains a strong reality in the Indian legal system.
Delhi Excise Scam: A Case Study Of Impact
Mr Mir is involved in the ongoing Delhi Excise Scam case. He observed that investigating agencies often decide the outcome well in advance. Then they collect evidence accordingly. This method weakens the case.
“The art of investigation is not to give a lollipop to a person to get him to make a statement against another accused”, Mr Mir said Instead, investigators should act like archaeologists, uncovering layers of truth. He believes that strong political will can misuse central agencies like ED and CBI. It was less common in previous decades but has increased in recent times.
A Lawyer’s Line That He Will Not Cross
Despite it being their duty to defend, lawyers also have some moral limitations. Mr. Mir says he won’t cross some lines.
“If a client asks me to molest a witness, to train him to lie, I won’t do it”, he said for sure He focuses on legal strategies. He will bring out the weaknesses of the prosecution case. He will not do any illegal work or anything that breaks his professional code.
Lawyers in India cannot interfere even directly in police stations. Unlike some Western countries, the police do not allow lawyers to be present during the interrogation of the accused. This limits the lawyer’s ability to protect his client at the stage of investigation.
Common Mistakes That Cause Case Loss
Mr Mir gave one of the main reasons why cases are lost: lack of proper preparation. This also includes how involved the lawyer is in the case.
“If you really live the case, you will really dream about the case”, he explained A lawyer should understand every detail in depth. They have to go “to the bottom” of the case. No matter whether the client is guilty or innocent, this commitment is necessary for effective defense. Justice in court depends only on solid and reliable evidence, not on guesses or thinking. The job of the lawyer is to challenge that evidence and create doubt.
Conclusion
The experiences of Tanveer Ahmed Mir show a unique glimpse of India’s justice system. His stories highlight the challenges of corruption, political influence, and slow legal processes. They also show the dedication of lawyers who are fighting for a fair trial for all. Although there are problems, the main duty of a lawyer is very important. They uphold the right to a defence, ensuring justice, even if it is difficult to achieve.
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