In a litigation career spanning over eight years, Mr. Satya Ranjan Swain has represented Mr. Manoj Tiwari, Former President, BJP (Delhi) and Mr. Vijender Gupta, Leader of Opposition in Delhi, and the complainants in the Vinod Dua Quashing of FIR case in Supreme Court & the Delhi High Court. Besides, he has also briefed for senior counsels like Mr. Tushar Mehta for criminal cases. Here is Mr. Swain in conversation with Desi Kaanoon-
Q. You have represented the Ministry of Home Affairs (MHA) in the recent Tablighi Jammat Quashing of FIR case. Sidelining the political attention for a while that the case has got, what is your take on the legalities of this issue?
A. I represented the casebefore the Hon’ble Delhi High Court-where the members of Tablighi Jammat(from the Kyrgyz Republic)were seeking quashing of FIR No. 90/2020 and closing the Look-out Circulars (LoCs) issued against them.It was heard at length and dismissed as withdrawn.
As far as legalities are concerned, one has to appreciate the events as they occurred. On 13.03.2020, the Govt. of NCT of Delhi had issued regulations for COVID-19 in the exercise of powers conferred under the Epidemic Diseases Act, 1897. It came into force with immediate effect, and any person/institution/organization found in violation of the said regulation is deemed to have committed an offense punishable u/s 188 of the IPC. Also, the Govt. of NCT of Delhi on 16.03.2020 issued detailed directions that any event(Social /Cultural /Political /Religious /Academic/Sports /Seminar and Conferences except marriages) were to be restricted to a maximum of 50 persons in the NCT of Delhi till 31.03.2020.
On 21.03.2020, the authorities of Markaz at Tablighi Jamaat Headquarters were contacted by the Delhi Police. They were apprised of the situation arising out of the spread of COVID-19, and they were asked to take immediate action to prevent the spread of this disease. However, none paid any heed to the lawful directions of the Delhi Police. Moreover, if you remember, an audio recording purportedly by Maulana Mohd. Saad-Head of the Tablighi Jamaat, was found circulating on WhatsApp on 21.03.2020.In the audio recording, Md. Saad was heard asking his followers to defy the lockdown and social distancing norms and attend the religious gathering of the Markaz. Subsequently, on 24.03.2020,given the pandemic, the Govt. of India had ordered a complete lockdown for the entire country,w.e.f. 25.03.2020 for 21 days.On 24.03.2020, ACP Lajpat Nagar, New Delhi promulgated Prohibitory Orders under 144 Cr.P.C.,there by restricting social /political /religious gatherings in the area.
The hazards of COVID-19 infection during large gatherings were conveyed to the management of Markaz on several occasions. However, the management of Markaz did not inform the Health Department or any Government Agency about the huge gathering inside the Markaz. They deliberately, willfully, negligently, and malignantly disobeyed the lawful directions promulgated in this regard by the Govt. of NCT of Delhi.Accordingly, the FIR against them was genuine and as per the law.
All the cases related to Tablighi Jammat are at different stages now. In some of the cases, cognizance is taken,while in others, the accused have been summoned. Also, in some cases, the accused have entered plea-bargaining and have undergone the sentence and/or paid the penalties.
Q. What suggestions would you like to give the beginners to enhance their drafting skills?
A. The mantra is: “Go into details.” Be detailed-oriented. Know your facts clearly before you sit to draft. For you to draft well, first formulate the facts in order in your mind and then replicate the same in the draft. Let me tell you, playing with words is an intrinsic part of it, and be careful when you use any word/expression. Something very essential is: a good draftsman is one who can foresee what will be the consequence of mentioning or omitting something.
Q. What is your role as a Senior Panel Counsel for the Central Government in the Armed Forces Tribunal (Principal Bench), New Delhi?
A. I represent the Ministry of Defence and all the three forces (viz. Air Force, Army & Navy) before the Tribunal as one of the Counsels of Central Government. The cases involve issues concerning commissioning, appointment, enrollment, promotion, pension, and other conditions of service. Besides, the tribunal entertains appeal against any order, decision, finding, or sentence passed under court-martial proceedings or any matter connected in addition to that or incidental to that.
Q. Having pursued various courses, including one on Criminal Law Practice offered by the International Bar Association & NLSIU, how do you think advanced courses help a law student or professional in the long run?
A. I believe Continuing Legal Education (CLE)is a must for students of law and even for professionals to keep themselves updated and advanced. Regarding the Criminal Law Practice course that you mentioned, I pursued the same during the initial days of my law practice. At that time,I had the occasion to learn a lot about forensic sciences and criminal investigation from many legal luminaries, including Prof. (Dr.) NR Madhava Menon.
Also, I got practical exposure in the Forensic Sciences laboratory at Bengaluru, and that helped me at the later stages of my career. I remember addressing an august audience on Forensic Criminal Investigation in Delhi High Court based on the experiences I gained there. Therefore, these advanced courses are essential in light of fast and growing challenges in the profession.
In countries like the United States, the American Bar Association has promulgated model CLE rules, and the attorneys must earn a minimum CLE credits over the years. Similar requirements are in place in countries like the United Kingdom, Canada, Australia, France, Italy, and Germany. The interesting aspect is that it applies to every Advocate, irrespective of their seniority at the Bar.Now, COVID-19 has given the lawyers an opportunity.We have relatively more time with us in comparison to the pre-COVID-19 situation,and we must utilize this time. I would encourage everyone to pursue an advanced course, even if it is through an online medium.
Q. You have got many research paper publications, both in national as well as international law journals. While many students aspire to get their papers published, some of them do not exactly know why it is important to publish papers. What is your take on this?
A. For those who intend to come to litigation or want to pursue their career in academics, there are various ways to sharpen their skills. Moot courts and writing research papers are two activities that can be done. I believe writing research papers is one of the ways to express one’s creativity and originality in thinking. Drafting is one of the key elements in legal practice, and you do not develop the skill in one day. It is a continuous process, and when you intend to publish a research paper in a good journal, automatically,you learn in that process.One learns how to analyze, how to use different research methodologies, how to write briefly, and, most importantly, you enhance your knowledge on that specific issue.Even law firms encourage publishing research papers.Remember! This is an age of specialization. No one wants you to know everything, but writing research papers helps you gain a little deeper knowledge of a specific topic/subject.
Q. You have interned under eminent dignitaries like Dr. Dalveer Bhandari, (Judge, International Court of Justice), Hon’ble Mr. Justice U. U. Lalit, Mr. Ram Jethmalani, and Mr. Sidharth Luthra, Senior Advocates. What have been your valuable takeaways from all the internships?
A. Internships are my most cherished experiences. I was determined to join litigation from the first year of law school, and my internships strengthened my determination further. If I am to express my takeaways independently:
I interned with Dr. Dalveer Bhandari when he was a judge in the Hon’ble Supreme Court in 2010.From this internship, I learned that it is not only important that you know your files; you should also know how the judge will react to it. What questions might fall from the bench?
I interned with HMJ UU Lalit while he was a Senior Advocate. During my internship, I learned that you need to upgrade and enhance your legal knowledge constantly. I still remember the evening meetings, after works were over -where Sir would discuss legal issues, and he used to tell us that you would invariably find something new from the same provision when you read it for the second time.
At the chambers of Mr. Ram Jethmalani, I have seen Sir reading extensively. He would fondly tell us, “Study! It does not matter if it is law or not, but study.” Also, he would encourage us to live by our good conscience, and I believe that is the greatest lesson I have ever learnt.
As an intern at the chambers of Mr. Sidharth Luthra, I developed my research skills. Sir used to work till late evening, which encouraged us to work more diligently. I have seen even more than 12-13 cases being listed in a day. Sir was meticulously prepared in each of them. Perhaps, that was one of the reasons he enjoyed the confidence of the Court.