Advocate Rozina Afzal discusses her role as Amicus Curie in Poonch district PIL, paving the way for improved lives of deaf and dumb population

JAMMU: Rozina Afzal, an esteemed advocate in the Jammu and Kashmir High Court, has been recently appointed as an Amicus Curie in a Public Interest Litigation (PIL) concerning the deaf and dumb population residing in a remote village- Paralkot in Mandi Sub Division of district Poonch. This appointment highlights her expertise and dedication to improving the lives of marginalized communities through the legal system.

As an Amicus Curie, Rozina Afzal is tasked with assisting the Division Bench of the High Court in various capacities to devise strategies, methods, and suggestions for eradicating this disability within the village. The PIL is currently pending adjudication, and Rozina has meticulously prepared a comprehensive presentation in which she proposes crucial measures to address the issue.

One of her primary recommendations revolves around establishing a Primary Health Centre within the remote village. This facility would provide essential services such as hearing tests for children and newborns. Eligible candidates requiring hearing implants would be promptly referred to nearby hospitals for early intervention, enabling their integration into mainstream schools.

For individuals beyond the age of early intervention, Rozina suggests the provision of hearing aids and the establishment of centers aimed at teaching essential skills through auditory and speech-based methods. This comprehensive approach aims to empower individuals with hearing impairments and facilitate their integration into society.

Rozina Afzal's unwavering commitment to her clients is evident in her extensive research methodology. She delves into a vast array of legal resources, including Supreme Court cases, High Court cases, and journals, enabling her to handle each unique case under the purview of different laws. By immersing herself in thorough research and staying updated with the latest legal developments established by the Hon'ble Apex Court and various High Courts across the country, Rozina ensures a solid foundation for her arguments in court.

With a firm belief in pushing boundaries, Rozina advises against staying within one's comfort zone, asserting that it hampers growth and ambition. Stress and working under pressure are the catalysts that set apart those who strive to achieve specific goals.

Demonstrating her relentless work ethic, Rozina never rests until she has prepared all her cases for the following day in court. Once fully prepared, she takes time to relax, enjoy herself, engage in conversations, and find solace in the belief that her efforts, combined with the support of a higher power, will yield favorable outcomes for her clients.

Rozina Afzal is fondly known as the "Poor man's Advocate," a title she cherishes. Her average workday extends for approximately 13 hours, and she sacrifices sleep to fulfill her duties and fight for justice. This remarkable dedication and her unwavering passion for her profession distinguish her as a highly respected legal professional, known for her empathy and relentless pursuit of justice.

In this exclusive interview conducted by Ajmer Alam Wani, Editor-in-Chief of JK Monitor (www.jkmonitor.org), Rozina Afzal shed light on her role as an Amicus Curie and reveal the vision and dedication of an advocate who is committed to making a difference in the lives of the marginalized and underserved.

1. Can you tell us about your experience as an advocate in the J and K High Court? How long have you been practicing law, and what types of cases have you handled throughout your career?

Reply 1: I have loved my journey as an Advocate in J&K High Court since 2006. I started my practice with late Senior Advocate Mr. J.S Kotwal for a short time. I fetched a big speaking order from Hon’ble Justice Nargotra of J&K High Court within 6 months of my joining the court. That encouraged me and I started working hard even more and cases started pouring in. Though it’s weird but I actually started appearing and arguing my cases in the High Court pertaining to service matters and pension matters of ex-service men and later went to trial courts service. Most of my cases were of Army personals, CRPF, BSF and CISF all these are Army units and I got orders in favour of my clients.

2. You mentioned that you have expertise in criminal cases and constitutional cases. Could you elaborate on some significant cases you have handled in these areas?

Reply 2: Gradually I started on the criminal side as well and murder cases, rape cases, attempt to murder cases, forgery, cruelty, accidental cases and many matrimonial cases where brides were burnt & cruelty to women under various sections of R.P.C became my yoner. I have been fortunate to succeed in many prominent cases like murder case U/s 302, 304A, 307, 376D etc. and many are pending adjudications in different courts, and continuing.

3. In addition to the J and K High Court, you also work in various other tribunals and forums. How do you manage your workload across different courts and maintain a high level of proficiency in each of these areas?

Reply 3: I have conducted cases in J&K Tribunal where under control of building operation and in Labour Courts where under Minimum Wage Act cases are conducted. Before Divisional Commissioner court cases like release of some license of weapons & also pertaining to land dispute cases. Since I have cases not only in J&K High Court but also before various district & session courts on daily basis, therefore I have a team of juniors who run for my cases and whenever there is requirement of arguments and cross examination before the trial court, I do all that myself. Because I have a team of juniors, it’s only possible then to deal with all lists of cases in different courts.

4. Could you share some examples of the types of cases you handle in the Central Administrative Tribunal (CAT), Armed Forces Tribunal (AFT), Motor Vehicle Accident Tribunal (MACT), and Consumer Forum? How do you adapt your approach to different tribunals and forums?

Reply 4: In CAT, ever since its creation, many service cases got transferred to CAT from J&K High Court since 2020 and all service-related matters are taken up by the CAT as per the jurisdiction & all is done through video conferencing. In AFT, I have few Army service-related cases which I handle and AFT is situated away from High Court premises & need a complete working day to go to AFT situated at Sunjwah. In MACT, I deal with claim cases where any person has suffered injury or death due to the accident & these cases are usually against the insurance company for payment to the legal heirs of the deceased.

In Consumer Forum I deal with cases pertaining to any claim for damages from insurance companies e.g. destruction of goods by the negligence caused by third party e.g. death due to electric wire shock property and record destroyed in fire etc.

All courts & tribunals demand equal respect and demeanor. Courts lower then the High Court do not command strict uniform but do command same amount of decorum to handle the cases. First priority is Hon’ble High Court where time and serial numbers make all the difference since it is the highest authority in the U.T of J&K.

5. We understand that you have a focus on cases related to the common man and deserving females. Could you tell us more about the work you have done in this area and any specific achievements or challenges you have faced?

Reply 5: I have dealt with numerous cases for deserving females under various codes like section U/s 488 crpc,/ 125 crpc,/ u/s 498A U/domestic violence Act, cases of harassment of women at work place and have fetched good orders for such females who have either been deserted by their husbands or have not been maintaining them or causing cruelty to them. Many of my judgements have been reported in various journals like All India Reporter (AIR) JK Judgement (JKJ), Srinagar Law Journal (SLJ)

6. You recently became the Amicus Curiae in a significant Public Interest Litigation (PIL) for a village with a Deaf and Dumb population. Can you provide some details about this PIL and the role you played as the Amicus Curiae?

Reply 6: I have been appointed as an Amicus Curie in a PIL relating to deaf and dumb population in a village- Paralkot in Mandi Sub Division of district Poonch. And I am required to assist the Division Bench of High Court in the various mode, manners, methods, and suggestions for eradicating this disablement from that village.

The PIL is pending adjudication and I have prepared a presentation on this where I am suggesting the Hon’ble High Court that Primary Health Centre should be made available in that remote village where children and new borns are tested for hearing tests and at their eligiblity for implants may be referred to a near by hospital for early treatment so as to bring these children into the main stream schools.

Those who are older ones can be provided hearing aids and learning skills by opening up centres for helping them to learn skills by hearing sounds& speech so as to help them to lead a normal life.

7. Given your extensive experience in handling mixed litigations, what strategies do you employ to effectively represent your clients across various fields of law? How do you keep up with the ever-changing legal landscape?

Reply 7: This is very important question. Having mixed litigation means all kinds of cases. When different type of cases come my way I research a lot by reading Supreme Court Cases, High Court Cases, Journals etc. the more you read the more your vision grows in law & that’s how I deal with each different case under different laws. I read and research and go into depth of each case & law applicable to it and keep my self-updated with latest laws set up by Hon’bleApex Court & various High Courts of our country.

8. In your opinion, what are some of the key qualities that make a successful advocate? How do you embody these qualities in your practice?

Reply 8: The first the foremost quality for the lawyer should be to have self-discipline. No one lays down any discipline for a lawyer. Your punctuality your reading & drafting capacity, your promptness as well as basic intellect are the key words. Punctuality tops up all other qualities with punctuality of reaching & appearing in courts enables you to learn the court craft which no other skill teaches you.

9. Could you share an example of a particularly challenging case you have encountered and how you successfully navigated through it? What lessons did you learn from that experience?

Reply 9: Though there are many cases where challenges are thrown at me, but right here I shall share one case of mine. It’s a murder case u/s 302 RPC. This client of mine was convicted for life and was behind bars for past 8 years serving the sentence when his case came to me in the High court I took time from his family to study it and revert. After some days I spoke to his family & told him I will not only admit him to bail from the High Court I will also have him acquitted.

They did not believe me for some time. Later within the month of my taking over I got him bailed out and just couple of days ago I also got him acquitted by an order passed by the division bench of the High Court. The crux of the matter was that he was a juvenile on the date when he committed murder and due to my reading & research skills he got the benefit of J&K Juvenile Justice Act of 2013. It’s a first of its kind case in Jammu High Court.

10. What are your future aspirations as an advocate? Are there any specific areas of law or cases that you would like to focus on in the coming years?

Reply 10: I wish to continue my mixed type litigation. My aspiration for the future is to excel in criminal, Constitutional, civil & service areas and being the leading lady Advocate in J&K High Court to achieve even bigger pinnacles of success as a common mans Advocate & help a commoner till I can.

11. How do you ensure a strong ethical framework in your practice? What steps do you take to maintain the highest standards of professionalism and integrity in your work?

Reply 11: I believe in smart work more than hard work. When it comes to ensuring a strong ethical framework in my practice punctuality, prioritizing the cases & the courts, making a record of each days proceedings in each & every case & coordination with my juniors in order to fix every single case in different courts & tribunals. To maintain a complete professional standard fix remuneration/stipends for the junior staff as incentives while they are learning to practice law from you.

12. How do you approach the task of building a strong case for your clients? What research methods do you use, and how do you stay updated with legal precedents and relevant legislation?

Reply 12: As replied earlier my hard work is extensive reading and research work. Once I know the law & updated judgements & statutes I can build, draft & fight to the tooth for my client. I have a big library to study which is containing all kind of law journals and software of legal help as well as internet facilities which has made my life easier. That’s how I keep my self-updated with all relevant laws and litigations to help my clients.

13. Communication skills are vital in the legal profession. How do you effectively communicate complex legal concepts to your clients and present arguments in court? Can you provide an example where your communication skills made a significant impact on a case?

Reply 13: It’s a gift of gab that helps in the long run to a lawyer. I have schooled from Saint Mary's Presentation Convent School Gandhi Nagar Jammu, I was always a topper in debate and used to be appreciated for my public speaking skills. This skill helped me to communicate well with my clients & for presentation of their cases before the Hon’ble Judges.

Right from the beginning my colleagues and Judges have appreciated my speaking skills & the manner of presenting my cases. I cannot relate to anyone case which I have won due to my arguments. There are many service matters & criminal cases where I have argued for 2 to 3 hours for convincing the Judges after a tough battle of words with the counsel for the state / union territory. I never miss appearance in any of my cases on the dates fixed by the courts.

14. In your experience, what are some of the common challenges that arise in the legal profession, and how do you overcome them? How do you handle situations when there are conflicting interests or ethical dilemmas?

Reply 14: I believe if you want to achieve something in life, leave your comfort zone otherwise it will kill you. Only those who take stress and work under pressure to achieve a particular goal shall stand apart from the rest. I have never slept until I have prepared all my cases for the next day in courts.

Once I am prepared with my case thoroughly, I relax, enjoy, eat, chat and laugh around and leave rest to almighty to help me fetch an order for my client. I am popularly known as a Poor man’s Advocate & I simply love this title. I work for 13 hours a day on an average and sleep less.