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Monday March 4, 2024

d3aeb699-4b3a-422e-9a17-d808d826a617Legal profession is noble… Here we do work for the people and to bring truth before the court of law. For this one is required to be bold within” : this is the inspiration and noble thought of Senior advocate of Supreme Court Shri Prasanta Varma. With pleasing personality he has the heart for universal peace. He has great honour for Matrubhasa and Matrubhumi. He is the National Vice-president of Bhartiya Bhasa Andolan. After the face to face interaction we are proud of his reactions. Here We have depicted his valuable interaction.

Interview by : Brahmipriya Samantaray

As a practicing lawyer since 22 year having experience of 28 years share your feelings?

As a lawyer each and every day is a day to learn even after my 28 and half years practice. I do learn many a thing on various legal aspects. Its just like an ocean where I am just like a particle of water. The day when I reached Supreme Court, that day was the Law Day, i.e. Constitution day 26th November. I still remember I sat in the Court Room of Chief Justice of India where I had spent the whole first session of that day before the Chief Justice of India’s Court. In the afternoon we had a nice Law Day function where our CJI the then Law Mnister Attorney General Milon Banerji Bar Association President every body were present. That was just the memorable day to start. I had worked with Mr. BK Agarwal, Central Administrative Tribunal Lawyer for just two months. Mr. Dilip Goswami Company Law Tribunal and Supreme Court Lawyer for about three months. Mr. Bhupinder Singh Central Government Standing Counsel for about one year and with Mr. Rajiv Virmani, Senior Advocate for about six years. All four of my Seniors with whom I had worked are my Gurus and just like God for me. I started my independent practice from March 2000 onwards. By that time I had travelled extensively across India starting from District Court Practice to Supreme Court Practice.

You have handled various serious and important matters before the Supreme Court, Delhi high Court and Odisha High Court etc. What are your memorable reactions about this?

In Supreme Court I had the opportunity to handle and appear in Banning of BHC Hexa Chloro Benzene, Gammaxine one of the important environmental matter those years decided by Honble Justice GB Patnaik’s bench in the matter of Dr. Ashok Vs. UOI and others where we were appearing and briefing about five Senior Advocates in that issue which continued for weeks we were appearing for seven prominent pesticides manufacturers in India. Second was on food adulteration Act before the bench of Hon’ble Justice DP Wadhwa’s bench which decided on Section 482 CRPC vis a vis on FAA on famous Pepsi Foods Ltd. Vs. Special Judicial Magistrate Allahabad etc. wherein we were briefing the present Attorney General Mr. Venugopal. Similarly a matter before Hon’ble Justice K.T.Thomas on professional negligence RD Saxena Vs. Bar Council of India and others wherein Supreme Court hold that the lawyers cannot withhold the brief for non payment of fees as a right of lien. I had the opportunity to appear in a dispute between Brown Forman and Jagajit Industries Ltd. Diplomatic Passport to the Hon’ble High Court Judges by the Ministry of External Affairs, Law suit and tort action between Pepsi and Scholle Europe BV wherein Arun Jaitley ji, Kapil Sibal ji, Dushyant Dave ji, Ashwini Kumar ji all prominent lawers were appearing. In Trade Mark cases I was appearing for a Netherland based company Kampsax which was having the litigation against Microsoft on GPS enables high end softwares Raster as against their Autocad. In Odisha High Court I had the opportunity to agitate the Land Acquisition process in the Land Bearing Areas Under CBA Act vis a vis with the Land Acquisition Rehabilitation and Resettlement Act, 2013. In white collar crime fields I have represented SFIO and now in recent past handled many a serious criminal matters be it is Reliance, Kingfisher, top slot leaders and parliamentarians, top burocrat on Prevention of Corruption Act Cases.

Sir You are belonging to great freedom fighter family. Late Fakir Mohan has your profession and social service impressed through this ?

I am a very small child in front of our tall heritage. As all of us knows Fakirmohan’s era was an torch bearing era towards odia Identity in our nation. They were in those years being under Bengal Province had to fight for not only the statehood of Odias but also had created history to form the sates in India as per their languages. Odisha was declared as the first language based state in India. The role of Fakirmohan in this context is very well known to our people. The printing press in the years 1860-1870 was a total new concept, when they had started independent Press and News Papers. Press, news papers, books, novels had created ripple within the people to raise their voice and to democratically settle their issues. The plight of the people of Odisha could not reach London because of one of the reason of not understanding local odia language by the English authorities. The Executing authorities were of course from Bengal. Tussel on language amongst these two states on language was quite high. My grand mother the grand daughter of Fakir Mohan was also an Freedom fighter and was in Hazari Bag and Cuttack Jail on independence movement. My father as an Infant was also in Hazari Bagh Jail. Our forefathers had fight for independence of this nation and we do have the same social duties and responsibilities to think better for the society. It was not that Fakirmohan was having bad understanding in English. It was his wisdom, he was compelled thinking about the larger interest of Odia people. Our common people do not understand this foreign Language English and they do not require also. Our rulers must be very clear on this language issue. Today some of our senior leaders tries to divide people on language. In Odisha when they will reach Sambalpur, Sundargarh they will speak buttery words for Koshali. When they will reach Koraput and Malkanagiri they will speak implementing language for them. As was duly noticed way back in 1950-1960s by Pandit Din Dayal Upadhayay that unless we will come forward against each other on our language, the development to this nation will be a big question. Today we love each other in this nation and more required to be done for the language of this nation. When I speak for the language of this nation, I speak for all the 22 official languages as described in 8th schedule of Constitution of India.

Legal profession is noble. Here we do work for the people and to bring truth before the Court of Law. For this one is required to be bold within. Of course the heritage and family tag do gives you recognition in the society, at the same time one is required to be humble and courteous. I think the flag of Fakirmohan Senapati and gene within has given us to fight and express ourselves straight forwardly more particularly for the society. Today Our national level leaders in the field of Language of Nation in our Bharatiya Bhasa Andolan have reposed faith on me to work with them in our Bharatiya Bhasa Andolan as its National Vice President having further charge of National Prachar Prasar. I would sincerely thanks all our Delhi Odia Lawyers Association fraternity friends who have ever joined hand with us across their political feelings besides all our Odia Lawyers in Odisha for this movement for Odia Language in Courts of Odisha including that of Orissa High Court for which we campaign to give respect to the feelings of Constitution for language more particularly Article 348 (2).

Within your long standing of and you have gained proudful experiences.. please share something?

I had never ever thought that I will receive blessings from our own people in such magnitude. The only way to get successful is to be simple, faithful, dedicated, hardworking and receptive lawyer. The moment we will have self proclaim appreciation mood, possible we will loose many a targets to achieve. We must give respect to the time tested epic Srimad Bhagwat Gita as to go on working sincerely, leave the results on almighty god. Never have the attitude to snatch others dues. If possible help others, never harm any one. Before the Hon’ble Courts put the correct facts and never lost your credibility before any Court or any Lawyer and Client even. Give utmost respect to the seniors. Be considerate for the young lawyers. Give them Best opportunity to do the legal work in a right and correct manner. Be very clear with your client on the possible results. Sometimes our social activities attracts many a clients towards us, I think there is nothing wrong in it, but one must not take this noble legal profession as a business. The Sincere lawyers must not criticize the judicial system and indulge in any manner which may demean the standard of Legal Profession or Justice Delivery System.

You have learnt the art of serving the common people. Please say something.

Common people these days must be little literate and must read articles of independent writers. Common people must understand that the nation is providing and extending helping hands for better future of this nation. I may be in whatever age group, I must dedicate myself for at least one hour studies on various social challenges and how to come out of that. We must detach ourselves from various superstition. We must be concern enough as to what is good and what is bad for me. In so far as asking for any legal services, one must approach a right kind of Lawyer and at the same time one must keep interest on each and every steps in any litigation.

Nowadays what are the big challenges for your professional life?

The biggest challenge for me at this age is to go for higher studies and to understand the new concept of Artificial Intelligence, Machine Learning, Data Privacy and Security and the laws relating to data protection and all such advance age digital platform works. This nation during this pandemic period has witnessed a sea change in Physical versus Virtual and Hybrid mode of presentation. There are many a new concept for lawyers are to come in these days because of technological developments world wide. Concept of Global Advocacy is emerging rapidly. If we will miss this opportunity, we will miss the bus, for me this is the great challenge for me in the coming years.

How much the global economy is affected by Covid 19. Please share your opinion?

Economy no doubt is felt to be affected worldwide because of lock down shut down of Covid 19, but I feel this period bring our nation and state to be more serious on various aspects. Yes it has brought down the incomes of almost all persons, however, I think the nation is going to bounce back in a higher altitude. Barring a few countries I think Covid 19 may not have a long drawn effect on world’s economy as well.

What are your messages to new l generation?

The new generation is marching ahead for a better world tomorrow. Now the pandemic period has made the people to act more effectively. Be more studious, work effectively hard. Work Smartly, world is changing, we have to change ourselves.

Describe your memorable period of professional life?

Every day in this profession has been a great day and quite memorable. Memorable day was on that day when I joined Bhupinder Singh nad thereafter to Rajiv Virmani and on a professional work in the year 1993 flied to Patna from Delhi to attend a Court Case there. Even on the day of Super Cyclone when after attending a matter at Cuttack I got struck for next three days.

Justice delayed is justice denied. what is your opinion about this, what is your reaction about Indian legal system?

Intentional delay in giving justice is a justice denied. Ours is nation of 140 crore citizens, negligible few approach the Hon’ble Court. Most of them decided within a period of one year or so. The movies and news agency have exaggerated the situation and its more sort of a campaign against the full proof justice delivery system in the world’s greatest democratic nation. Ours is a economically challenged nation world wide, with limited resources and mechanism, our legal fraternity officials / lawyers and judges are helping the society to a greater extent. We have shortage of Judges but at the same time we cannot appoint less calibre people. Of late the National LAw School and intelligent young and dynamic students after passing from such institutions are joing the legal profession. The demand is enormous. But it is always very difficult to satisfy the disgruntled unruly persons in the courts to give the justice as per their desire.

Say something about women empowerment?

That is marching ahead for the better society. We have to give respect even to the educated women and much towards their betterment. Unless the women are duly empowered and given respect in all field of our society, the overall growth of this nation would be a big question. Other nation do propagate about India on female foeticide etc. which is indeed wrong. Our society give respect to the Women and our most of the social functions are women centric. Here the girl are being preached as Goddess Maa Durga, Kali and even a birth of girl child considered to be an auspicious one for being the Maa Laxmi arrived at home.

As a Special Public Prosecutor of CBI please describe your experiences.?

The Officials and the law officers here are quite intelligent and having been in the nations most disciplined police organisation I have enjoyed their company a lot. People of this nation having some doubt in any policing do feels that their cases be dealt by CBI the highest investigating body. However, as I understands the organisation is being made for a specific and special purpose having utmost national importance. Our nations policing have their respective field of operation, but every time we must not ask for the investigation by CBI in all our cases.

December 8, 2021 • No Comment