May it please your Lordship,
It is with great pleasure and some anxiety that I move a call in the presence of a great man and outstanding jurist, Datuk Mohd Hishamudin Yunus.
My Lord, there are many paths to the practice of law. Some find the path because of a desire to do justice. Some have their path set out for them and need only follow through. Others discover that path out of inspiration. And then there are those who adopt the dreams of others and inhabit them so deeply, it becomes theirs.
Such is the path of the Petitioner, Hambhika Nair a/p Sukumaran. She is the 2nd child of Madam Usha Rani and Mr Sukumaran Nair. Her father was with the police force for 19 years before retiring to run his own private security company.
She says, ‘It started off as just wanting to fulfil my dad’s dream. He had always told me that he wanted to be a lawyer himself but was too poor to pursue that ambition. Therefore, he wanted me to realise his dreams. In the beginning, I used to be really upset with him because I wanted to be a poet, or if that failed, a journalist…’
I want to assure the Petitioner that she will not miss out on those employments despite being a lawyer. As to being a poet, she will be pleased to learn lawyers are paid slightly better than a poet and also write for people who have no interest to read what they write. As for journalism, she will discover a lawyer’s suffering differs little from that of a journalist in a war-torn conflict area. So the poet’s and journalist’s experience are assured. Additionally, she will also learn that in practicing law she too will have to be a saint, a magician, a ninja, and a psychologist – all for the price of a poem.
She then tells me how in her final year, after a Gender and the Law tutorial at the University of West England, Bristol, her lecturer, ‘came up to me and told me that the world could use more people like me who wanted to pursue law for the “right” reasons. I knew right then, that my dad was no longer the reason I wanted to study law…’ That is beautiful, my Lord. I was not so privileged. Whenever tutors came up to me during my University days it was to ask ‘Where is your assignment?’ or tell me ‘Your fly is open.’
Although she was inspired to pursue law, her road to practice was not a straightforward one. The Petitioner had to first save up to do her pupillage. So she worked first with the Securities Commission from March 2012 – February 2015 before joining Kanesalingam & Co. for her pupillage.
She grew a lot during her time with the Securities Commission – having stints in the Authorisation and Licensing Department, Investor Affairs and Complaints Department, and finally, the General Counsel’s Office, Legal Advisory Department where she spent her last 2 years in employment. Her role there was to monitor legal proceedings and order external lawyers around.
‘It was a pretty unique experience for me because it is a huge organisation with about 700 over staff. Being an introvert, I had to push myself to come out of my shell because in SC it was also about being “seen”. I was also expected to liaise with different departments, external stakeholders and members of the public on a daily basis. As with most large organisations, I also needed to learn how to steer clear and manage office politics as well.‘
‘I would say, overall, it was a very enriching experience for me. The friends I made, the laughter and tears shared and the knowledge gained were worthwhile.’
In my email and a face-to-face interview with her, I found the Petitioner to possess good character. She is humble, honest, eloquent, knowledgeable and interested in the law and its practices. This is what she says about the role of a lawyer:
As cliché as it sounds, to me the role of a lawyer is to uphold justice and fight for what is right without fear or favour. This was my idea when I started studying law and it is still the same today. Practice to me, is not just about making money. Most of the time, we are the voice of the people. This was validated further, by having Shan as my de-facto master.
My Lord, I can confirm the correctness with regards to Shan, who is Mr Shanmuga Kanesalingam, my good friend and not making money. I have acted as counsel in many of his public interest cases and have not made any money from any of them all these years. Actually, I am not sure why I still consider him my good friend. I also very much hope the Petitioner remembers this because many start off wanting to make good before cynicism sets in and all they want to do is make money.
She tells me her two role models are, firstly, her mother, Madam Usha Rani who, ‘is the epitome of strength and patience. She is actually the glue that sticks my whole family together. She has taught me to stand by what I believe in, despite what society thinks.’ The second is Dato’ Ambiga Sreenevasan, about whom, ‘her humility, her confidence and her passion and courage (I could go on and on) inspire me.’ With a mother and an outstanding lawyer as your role models, you can’t go far wrong. The Petitioner, with such role models, looks set to go far with her vast potential.
And I hope she develops it in the law because, My Lord, the Petitioner is unsure whether she would make a good lawyer. She fears she is thin-skinned. Because of that, she vacillates between returning in-house to what she knows or giving legal practice a go. I advised her that she should take up the mantle of practice because she has what it takes even if she does not yet believe it. Thin skinnedness is easily overcome in our profession with a few hearings and trials to get that lawyer hide nice and thick. It’s up to us to keep it acne and oil-free.
When I asked Shan who supervised her closely along with her Master, Mr Jeya Kumar a/l Vaithilingam, about the Petitioner, he was concise in reply, ‘Oh, she can do everything and get it right the first time. She’s also mature probably because she had previous work experience.’ That is high praise coming from Shan because he doesn’t praise, often.
I want to quote from the Petitioner’s favourite book, Paul Coelho’s The Alchemist, to remind her of something easily forgotten:
‘There is only one thing that makes a dream impossible to achieve: the fear of failure.’
The Petitioner would like to thank Mr A Kanesalingam, Mr Jeya Kumar, Mr Shanmuga, all the staff at Kanesalingam & Co., her parents, her brother Vignesh, Mr Shankar Shamugam and all her close friends who have supported and stood by her.
‘Everything that happens once can never happen again. But everything that happens twice will surely happen a third time.’
This call to the Bar happens only once, ever. It will never happen twice (unless you get called in other jurisdictions, for our present purposes and the dramatic effect of what I just said, does not count). Carpe Diem, Hambhika Nair a/l Sukumaran.
My Lord, I believe the Petitioner is a fit and proper person to be called to the Bar. I believe my learned friends have no objections to the Petition.
I pray that the Petitioner be admitted and enrolled as an advocate and solicitor of the High Court of Malaya.
Called on 20.5.2016
