Neelmani Pant - Public Interest Litigations Play a Vital Role (Advocate on Record at Supreme Court of India)

Develop an understanding of constitutional law, civil and criminal procedure, and other core areas that form the basis of legal practice. 

1 Tell us about your background and journey. 

I come from Ajmer, Rajasthan, my father is a lawyer in the same town. Growing up as the son of an advocate and watching him dress in black and white attire every day, I was immersed in the world of law from a young age. Witnessing my father's dedication to justice and their clients left a profound impression on me. 

Inspired by him and also driven by a fascination with how the legal system shapes societies and resolves conflicts, I decided to pursue a career in law. 

I enrolled myself in M.S.Ramaiah College of Law, Bangalore, Affiliated with the University of Bangalore (now Bengaluru), where I immersed myself in the study of foundational legal principles and gained invaluable insights through internships and moot court competitions. 

Upon graduating with a Degree in Law. Thereafter,  I was introduced to the Supreme Court of India, and I embarked on the next phase of my journey of passing the Advocates on Record exam and obtaining a license to practice at the highest court of the country. 

For continuously practicing law as an advocate for 10 years gaining practical experience by handling cases in lower courts, tribunals, various High Courts and the Supreme Court of India. This initial phase of experience called laying down the 'Foundation Stone' of the legal career is crucial as it prepares you for the complexities of legal practice. 

After continuously practicing for a decade in various courts, I appeared for the AoR exam conducted by the Hon'ble Supreme Court of India. Thereafter, in April 2023 I was appointed officially as an Advocate-on-Record of the Supreme Court of India. This marked a significant milestone in my career as being an Advocate on Record at the Supreme Court of India is a prestigious responsibility. 

This role requires extensive knowledge of legal procedures and meticulous attention to detail, as I am entrusted with filing cases and representing clients directly before the highest judicial authority in the country.  

2.  What role do Public Interest Litigations play in your practice, and can you share an impactful PIL you have been involved in? 

Public Interest litigation is an essential tool in many legal systems, particularly in India, where it originated. 

Public Interest Litigations play a vital role not only in my practice but generally also it is very powerful because it enable the courts to intervene in matters of public interest, ensuring accountability and promoting social justice. 

PILs serve as a mechanism for citizens to uphold their rights and hold governments and institutions accountable for their actions. For example, the PIL concerning the cleaning of the Ganges River led to court-monitored efforts to reduce pollution and improve water quality. Another notable example is the Vishaka case, which established guidelines against sexual harassment in the workplace, influencing subsequent legislation and workplace policies. 

An impactful public interest litigation I am associated with is w.r.t the protection/special arrangements for enhancement of security and safety measures for litigants, lawyers and judges in all the courts of the country in the wake of the large number of misshappenings in the court premises. 

The case is pending adjudication before the Hon'ble Supreme Court therefore it won't be appropriate to talk much about it, However, it is hopeful that this PIL would bring an impactful and significant change in the protection of courts and judiciary at all levels. 

3.   What has been one of the most challenging cases you have handled at the Supreme Court, and how did you approach it? 

In my opinion when we talk about "Justice" I find that Criminal justice is crucial because it ensures that the guilty are held accountable and the innocent are protected. It refers to the system of practices and institutions designed to uphold social control, mitigate crime, and impose penalties on those who violate laws. 

It encompasses law enforcement, the judiciary, corrections, and rehabilitation efforts aimed at maintaining public safety and ensuring fairness in the process of justice which is very important for society at large especially since the population is 1.3 billion people, making it the second most populous country in the world. 

I was confronted with a cancellation of bail matter in a 302 criminal procedure code - murder case. I was representing the accused person who was convicted by the Trial Court and during the pendency of the appeal before the High Court, he was enlarged on Bail with conditions. Against the said decision of the High Court, a Special Leave Petition was filed by the opposite party before the Hon'ble Supreme Court to cancel the bail of the accused/convicted person granted by the High Court. 

The challenging aspect of the case was the accused person was absconding before his arrest and on the same fact Hon'ble Supreme Court issued a notice taking into consideration the conduct of the accused person before absconding. 

Sometimes there is a thin line between choosing right and wrong and being a lawyer you always have to be on the positive side of your client to get him out through a tough situation like this. 

During the said peculiar case I thoroughly researched the aspect of absconding of an accused in a criminal case vis-a-vis his personal liberty and right of bail envisaged under article 21 of the Constitution of India. 

It is well noticed by the Hon’ble Supreme Court that an innocent person also may feel panicky and try to evade arrest when wrongly suspected of a grave crime such as the instinct of self-preservation. Mere absconding does not necessarily lead to a firm conclusion of a guilty mind or guilty conscience. This Hon’ble Court in Matru v. State of U.P., (1971) 2 SCC 75, held as below:-

“19. The appellant's conduct in absconding was also relied upon. Now, mere absconding by itself does not necessarily lead to a firm conclusion of a guilty mind. Even an innocent man may feel panicky and try to evade arrest when wrongly suspected of a grave crime such is the instinct of self-preservation. The act of absconding is no doubt a relevant piece of evidence to be considered along with other evidence but its value would always depend on the circumstances of each case. Normally the courts are disinclined to attach much importance to the act of absconding, treating it as a very small item in the evidence for sustaining conviction. It can scarcely be held as a determining link in completing the chain of circumstantial evidence which must admit of no other reasonable hypothesis than that of the guilt of the accused….” 

One more recent judgment I relied on of the Hon’ble Supreme Court in Bhuri bai v. State of Madhya Pradesh., 2022 SCC Online SC 1779, reads thus:-

“19. It remains trite that normally, very cogent and overwhelming circumstances or grounds are required to cancel the bail already granted. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439(2) CrPC.

20. It had not been the case of the prosecution that the appellant had misused the liberty or had comported herself in any manner in violation of the conditions imposed on her. We are impelled to observe that power of cancellation of bail should be exercised with extreme care and circumspection; and such cancellation cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. In other words, the powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused and in fact, in a case where bail has already been granted, its upsetting under Section 439(2) CrPC is envisaged only in such cases where the liberty of the accused is going to be counteracting the requirements of a proper trial of the criminal case. In the matter of the present nature, in our view, over-expansion of the issue was not required only for one reason that a particular factor was not stated by the Trial Court in its order granting bail.” 

Therefore, it is well established that in the matter of bail, the accused should not be detained by way of punishment for an act before the grant of bail. 

Ultimately Hon'ble Supreme Court dismissed the Special Leave Petition filed by the opposite party/complainant, thereby maintaining the relief of bail in favor of the accused person and granting relief in our favor.

4. What advice would you give to law students and young lawyers who aspire to practice at the Supreme Court? 

• Fundamental understanding of law:- Develop an understanding of constitutional law, civil and criminal procedure, and other core areas that form the basis of legal practice. 

• Internships: Seek internships at law firms, Advocate-on-Record and Senior Advocates' chambers at the High Court and Supreme Court. 

• Courtroom Experience: Gain practical experience by attending and observing court proceedings. 

• Develop Research, mastering facts and Drafting Skills: Legal research, mastering facts and drafting are crucial at the Supreme Court level. Hone your skills in legal research, drafting petitions, and making brief notes of facts of the case. Accuracy, clarity, and precision in your legal note are highly valued same is often said by Hon'ble Dr. D.Y. Chandrachud The Chief Justice of India. 

• Persistence and Perseverance: Pursuing a career at the Supreme Court requires persistence and perseverance. Be prepared to work hard, handle challenging cases, and learn from setbacks and failures. 

• Ethics and Professionalism: Uphold high ethical standards and professionalism in your legal practice. Respect for the judiciary, colleagues, and clients is essential for a successful career at the Supreme Court. 

• Stay Updated: Last but not least and very important is to keep yourself updated with recent judgments, legal developments, and changes in law. Understanding current legal trends and landmark judgments can enhance your credibility as a lawyer. 

Navigating through practicalities and challenges requires resilience, dedication, and commitment which I would recommend to all aspiring students and my esteemed lawyer colleagues for upholding the principles of justice and the rule of law. 

5.  With your diploma in Mergers & Acquisitions, what key trends or challenges do you observe in this field currently? 

Mergers and acquisitions (M&A) law in India encompasses a comprehensive regulatory framework that governs the process of consolidation and restructuring of companies. Here are some key aspects of M&A law in India. The primary regulatory authority overseeing M&A transactions in India is the Competition Commission of India (CCI). CCI ensures that mergers do not result in anti-competitive practices and approves combinations that meet specified criteria. 

Key trend changes are amendments to M&A regulations aimed at simplifying procedures, enhancing transparency, and aligning with global best practices. For example, the introduction of the Insolvency and Bankruptcy Code, 2016 has streamlined the process of corporate restructuring and distressed asset acquisitions. 

M&A transactions typically require approval from various stakeholders including shareholders, creditors, and regulatory bodies like CCI. Approval from the National Company Law Tribunal (NCLT) may also be required for certain types of transactions. 

6.  What drives your commitment to justice, and how do you balance this with the practicalities and challenges of legal practice? 

I find immense satisfaction in the opportunity to contribute to the administration of justice and to make a positive impact on legal precedents that shape our nation's legal landscape. 

Talking about practicalities and challenges it is an admitted position that India has a diverse and complex legal framework with multiple laws, statutes, and regulations. Understanding and applying these laws across different jurisdictions and practice areas can be daunting. 

This profession requires long hours of research and study. Further tight deadlines and high-pressure situations in not easy tasks, especially in the Supreme Court where you are dealing with the lives of people at the last appellate court, which means no room for any slightest mistake. This can impact work-life balance. Managing stress and maintaining well-being are important considerations. 

The main practical problem or challenge I often face is client expectations, especially in terms of outcomes and timelines. Therefore, while fighting for justice it is also very important that justice must be delivered timely. Only then we are giving the right and exact meaning of the word Justice. Therefore, a lawyer must always try to get the right relief at the right time through the court without any delay. 

In recent years I have seen a significant positive change in the disposal rate of cases in various courts of the country. Especially at the Supreme Court where a new dedicated link is being provided and the same is daily visible on the official website of the Supreme Court known as "JUSTICE CLOCK". This development must be introduced in all the courts of the country as the same will encourage and boost confidence in the common man of the country to seek justice timely and efficaciously. 

7.  What are your future goals as an advocate, and are there any specific areas of law you wish to focus on? 

My goal is to continue honing my skills, staying abreast of legal developments, and providing strategic counsel to my clients in their pursuit of justice at the highest judicial level. 

Further, I would like to promote fairness, equality, and justice. I strive to raise awareness about important social issues, support marginalized communities, and advocate for policies that create positive change. 

I am being often asked whether any specific areas I wish to focus on. In my opinion, when a client approaches me to seek justice with full faith and belief, I can focus on any subject and try to dig out the relief. 

Whether civil, Criminal or Corporate matters, the recipe is the same. i.e. mastery of facts, relevant statutes, research, and application of law, and judgments, only the taste changes. i.e. the result. 

The thrilling part is not the subject, but the journey and the relief for which the client has engaged you and trusted you with the responsibility of seeking justice. When you give your best in the matter and present your true capabilities, knowledge, ideas, and skills of your experience, only then the whole process right from the first meeting with the client up to the final argument stage the journey as a whole will thrill you and no matter what the subject is, your inner soul will always give a sign that yes you have done something worth for. 

8. How do you manage to balance the demands of a high-profile legal career with your personal life? 

Jeff Bezos (CEO of Amazon) has beautifully carved the words below:- 

“If I am happy at home, I come into the office with tremendous energy. And if I am happy at work, I come home with tremendous energy. It actually is a circle; it’s not a balance.” 

In my opinion, there are no unique strategies to manage the balance, in reality, there are not any. Every human being is unique in his way and the personal life of each and everyone is different in every other manner. 

The key is to keep it simple, slowly, patiently and persistently because the simpler you live the simpler your life will be. I do follow the theory of Occam's Razor: “The simplest solution is almost always the best.”

Bio:

I am practicing law at Hon'ble Supreme Court of India. My Work at Supreme Court includes filing and representing clients in Special Leave Petition, Review Petition, Public interest Litigation, Writ Petitions and Curative Petition in various subjects as Arbitration, Civil law, Criminal law, Corporate law, Insolvency and Bankruptcy, Service law, Banking Law and various other miscellaneous litigation matters. 

With expertise in litigation at Supreme Court of India, I am an experienced legal advisor and mediator with a demonstrated history of working in the Legal industry. Skilled in International Law, Legal Assistance, Legal Research, Legal Advice, Intellectual Property Rights, Mergers & Acquisition and Corporate law.

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Interviewed & Edited by- Arunangshu Chatterjee

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