Drunk-drive-killing-alleged lawyer Janhavi Gadkar gets back driving licence

A session court has ordered the police to return the driving licence and car of Janhavi Gadkar, the Reliance Industries in-house lawyer and former Talwar Thakore Associates associate who allegedly killed two passengers in a taxi when driving drunk in June 2015, reported DNA and India Today.

DNA reported:

Gadkar was reportedly allowed to take her licence back after she submitted the required endorsement from the regional transport office (RTO). The court had allowed the car to be returned to her last week, and she can use the car without changing its colour.

India Today added:

According to the sources, Gadkar had appealed to the Deputy Commissioner of Regional Transport Office against the suspension of her license. She got a favorable order by the court on the basis that principals of natural justice was not followed before suspending the license and ordered a re-investigation by the RTO officer.

She had been released on bail after 57 days in jail after the accident, with the police having resisted her bail plea strongly against her lawyer, senior counsel Amit Desai (who had also represented Salman Khan, securing the overturning of his drunk driving conviction before the Bombay high court).

A 560-page charge sheet has been filed against Gadkar.

In the aftermath of the accident the media had come down hard on Gadkar, though coverage of her case has decreased since then.

Comments

Baba Ranchordas 18 Dec 2015, 09:09
+12 -4
Forget Law, even common sense should have prevented the Judge from allowing her get the license back. Indian Judiciary = __________
Common Sense 18 Dec 2015, 10:23
+7 -6
Common sense says that she will probably not drink and drive again (or at least not until her case gets over), would't you think?
common smell 18 Dec 2015, 13:16
+18 -1
after three pegs down, my common sense says i can fly a jet! wouldn't you think?
Common Sense 19 Dec 2015, 07:09
+11 -9
If you had been in jail for 57 days before getting bail, I would think that you wouldn't consider flying a jet after 3 pegs. On a separate note, do you seriously start thinking that you can fly a jet after 3 pegs? Seriously... 3 pegs??? We are talking about alcohol here, not LSD.
KnowTheTruth 30 Dec 2015, 13:34
+1 -0
Leave aside her drinking skills and ability to remain sober after 'x' number of drinks, any sane person would even doubt her driving skills.
Secondly, what is the urgency in giving back her license when a case involving two accident deaths is being heard?

A sane person, who allegedly killed 2 persons driving drunk, wouldn't even dare to get behind the wheels. But again, I am talking about sane people!

I do not see the legal community make strong comments on this special perk granted by the hon. court. Or is it just fraternal love that's holding back?
Nonsense 19 Dec 2015, 19:44
+4 -1
Yeah, and I will not snort again, give me my coke back. I swear.

Stupid assertion, right.
Guest 18 Dec 2015, 09:38
+4 -3
ridiculous, appalling

People, please be careful on the damn freeway
Concerned 19 Dec 2015, 10:26
+2 -0
Kian I think you meant "alleged drunk drive killing" and not "alleged lawyer" the fact that she's a lawyer isn't disputed.
-Perks and curse of being a litigation lawyer.
kianganz 20 Dec 2015, 11:58
+0 -1
Drunk-driving-alleged is one word, albeit a clumsy one :)
Concerned 22 Dec 2015, 10:07
+0 -1
Tsk Tsk!! Btw maybe its time for you to take a trip to the Bombay High Court. Lots of things happening, specially in the Hon'ble Mr. Justice A.K. Menon's court.
NonSense 19 Dec 2015, 13:59
+2 -2
Wonder who put the bail money and how much it was? She must be really rich to e able to afford Amit Desai. Wonder if drunk driving I today's Mumbai upper echelons is actually a 'virtue'?
Perfect 19 Dec 2015, 19:07
+3 -4
A joke's been going around the interwebs about how the Bhai case was resolved (and the black buck case was resolved too.. just as an added bonus). This is how it goes: "The black buck was driving the car.. yeh lo .. dono cases solved!" :)

Similarly .. I'm sure lawyer memsaab will have a statement from a pigeon that the pigeon drove the car while Mr. Desai was in the back seat keenly observing both the pigeon in the driver's seat and the lawyer memsaab in the passenger seat.

God save our country from these rich buffoons!
ZRS 20 Dec 2015, 14:19
+2 -2
Let's face this - RICH EVERYWHERE have a different law - their own version.
Be it Michael Jackson or OJ in US or Bhai, Sanju 'baba' or another Supreme Court counsel caught on tape or now this lady ... money gets the best lawyers and regardless of whether you were guilty or not, you will be fine.
Capiche?
Perfect 20 Dec 2015, 14:25
+0 -1
Capiche
Vidya Lalan 21 Dec 2015, 06:27
+4 -1
Ooh La Ooh La ab mai jawan hogayi...:D
Dazed and Confused 21 Dec 2015, 11:07
+0 -4
It's not clear if she's actually a lawyer. She was in-house; if she was employed, she was obligated to surrender or suspend her right to practice. She would consequently not be an advocate or lawyer, although she could be an "attorney." If she continued to maintain a license while employed she was an advocate but in violation of practice rules.

Kian - how about doing a little reporting and determining if she was still enrolled as an advocate? And, if so, has the bar initiated any review based on her alleged behavior in this case. (Hey! Stop laughing out there.) Maybe she had a foreign admission she continues to hold.

If she isn't enrolled, you need not describe her as a lawyer, any more than an MBBS graduate without a license is a doctor.
kianganz 21 Dec 2015, 11:08
+4 -1
In-house lawyers are also lawyers yo! Maybe not 'advocates' though, in the traditional Advocates Act sense...
Hello 4m d other side 21 Dec 2015, 19:02
+1 -0
Most lawyers including in RIL are engaged on a "retainer" basis, hence "self employed" as a professional as opposed to being "employed"....Over n out....khirrrrrrr (thats my walkie talkie)...
Dazed and Confused 22 Dec 2015, 03:47
+0 -5
Really, Kian, such statements call into question the veracity of your reporting.

The ability to convey privilege is a critical issue for companies, particularly those such as Reliance with multi-national operations and exposure to U.S. regulation. Non-advocates cannot convey attorney-client privilege. This matters.

Further, top-level in-house advisors such as Tata's Bharat Vasani have been campaigning for years to expand the definition of "advocate" to include in-house legal officers for certain purposes. Fact is that the is no requirement that in-house counsel in India have any legal qualification or training at all. Requiring it is a company preference, not a mandate.

You're missing a story and embarrassing yourself with your imprecise language and disrespect for fact-based discussion. Yo.
kianganz 22 Dec 2015, 10:41
+3 -0
I don't quite see the point as regards this story or the wording used...

She's an ex-private practice lawyer who now works in-house in the legal team, surely whether there's privilege or whether she's an advcoate or not is not relevant to this story.
Dazed and Confused 22 Dec 2015, 17:19
+0 -1
I had a simple question - if she is an advocate, is she facing any disciplinary action based on these criminal allegations? I'm not saying that's a big point, but worthy of inquiry. Leave aside that it pisses me off no end when non-lawyers masquerade as lawyers. There are jurisdictions where an unlicensed in-house counsel can be prosecuted for the unauthorized practice of law. I admit it - I may be alone in finding privilege and advocate licensing arcana interesting.
kianganz 23 Dec 2015, 07:23
+1 -0
Considering the kind of cases the bar council DOESN'T pursue as disciplinary ones, coupled with the fact that most disciplinary actions are borderline sham, together with the fact that losing an advocate's licence in such a case will be the least of her worries, presumably, I'm not sure it'd be a very fruitful line of inquiry.

However, you're not alone - I too find privilege and advocate licensing deeply fascinating, but the takeaway I have most often from studying the subject is that the regulation of lawyers and the Advocates Act are completely archaic and need an overhaul.

But does anyone who matters care about that?
Alias 23 Dec 2015, 05:35
+0 -0
Mr. Desai seems to have expertise in handling drunken driving cases.
KnowTheTruth 30 Dec 2015, 14:27
+1 -0
or possibly expertise in rescuing criminals from the clutches of law by twisting facts, bending the truth and exploiting loopholes in the legal system.
KnowTheTruth 23 Jun 2016, 15:53
+0 -0
Looks like everybody has forgotton about this case and media has stopped tracking it. Or is it a consequence of paid PR ?
kianganz 23 Jun 2016, 16:08
+0 -0
Also been wondering about this recently. I think it's just that the criminal process is taking a while and not much has happened recently... Is it normal to take this long, or are some delaying tactics by lawyers to blame?
Angry 13 Sept 2016, 06:57
+1 -1
Nobody is questioning why she only got a 57 day prison sentence?
That's the punishment nowadays for drunk driving causing death?
C'mon! This is a f**king joke!