In Conversation With Rony Oommen John, Principal, Law Offices of Rony Oommen John

How and when did you know becoming a lawyer was your life’s true calling? 

I was excited to begin my career as a litigator and realised the majesty of this profession soon after in the practice.   In a constitutional challenge to the validity of a tax provision, I had the opportunity to research and draft the pleadings filed before the Supreme Court, and then to brief a senior counsel who argued the case.  When the Supreme Court finally struck down that provision, it dawned upon me that even I could play a role in such landmark events, and that this profession gives a unique opportunity to bring about change.  

Would you please tell us about your specialisation and the array of work you handle at your firm?

I am a litigation counsel and Advocate on record of the Supreme Court specialising in tax and regulatory laws.  In my practice so far, I have been engaged to advise and represent clients in the full course of regulatory and taxation disputes—from the adjudication stage till the final appeal before the Supreme Court.  One of my specialties is investigation support, a service offering for persons who are faced with governmental investigative actions such as raids, summons and arrests.  This service has become a vital differentiator for clients who need timely and objective guidance about the risks of coercive actions of the State and about their own rights against abuse of process.   I am also currently empanelled with Government Departments such as the National Anti-Profiteering Authority and the Employees Provident Fund Organisation as their counsel.  

I have also been conducting a litigation workshop for law students at national law universities such as NLSIU Bangalore, NLU Delhi and NUALS Cochin. This course was developed for the first time in India to demonstrate how regulatory and tax disputes occupy a distinct field of litigation requiring a nuanced approach.

What are your predictions for 2022 in the area/s of specialisation mentioned above? What are some of the upcoming trends of the industry?

Tax and Regulatory Litigation is already evolving into a super-speciality practice, beyond the traditional civil, criminal and constitutional law streams of specialisation.  This field of litigation requires comprehensive expertise in substantive laws, but also the tools to deal with government being both the adjudicator and a party to the dispute.  

One recent landmark judgement or the best judgment of 2021 that you’d like to share a word about.

I have an evident bias towards judgments which uphold constitutional values in commonplace situations.  While advising clients who are being investigated by a government agency, I often observe that they are forced to succumb to disproportionately harsh actions just to buy peace in the interim.  One such example is the demand of taxes or other dues at the stage of investigation itself, even before a formal adjudication is done.   

A recent judgment of the Karnataka High Court in Bundl Technologies Private Limited v. Union of India (Judgment dated 14 September 2021 in W.P. No. 4667/2021) dealt with that situation. The party being investigated was directed to deposit the disputed tax amount even before formal recovery proceedings began. It complied with the direction but sought a refund after the investigations remained inconclusive for several months.  The government department declined to refund the deposited amount, reasoning that the party made the deposit voluntarily and after accepting their liability.

The High Court ordered the refund to be made to the party in this case—but first noted that “the fear of police powers are such that would shake a man irrespective of their position in society.”  In a separate section in the judgment, the High Court clarified that the right to be treated with dignity under Article 21 would not be kept in abeyance in the case of a bona fide taxpayer.  

This judgment may appear to state the obvious, but crucially did so when a lack of clarity in process and instances of governmental overreach had to be immediately remedied. 

As a new age lawyer, what to your mind is the one thing in the current legal ecosystem at the Bar, Bench, or in the Law Firms that needs our attention.

There is nearly a universal consensus that the justice delivery system in India involves significant delay—to the extent of that delay rendering litigation pointless in many instances.  One cannot ignore the fact that courts and tribunals are generally overloaded with cases, but there are systemic issues which contribute to this delay.  Frequent adjournments, failure to comply with procedural steps, non-adherence with a hearing schedule,  changes in judges’ rosters all result in delay in closure of cases.  In many important issues of public importance, hearings are delayed indefinitely to a point where the issue become infructuous.  What may eventually follow, and what needs to be addressed urgently is that the relevance of litigation is being eroded, and a litigant may often choose to suffer silently rather than subject herself to the vagaries and expenses of an unpredictable system. 

Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2021. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction?

It would be disingenuous to discount the role of privilege and luck in helping me reach where I am now. The access to opportunities and resources that I had in my younger days are obviously key to shaping the professional I have become. Then there are dollops of good fortune manifesting in the form of great mentors, teachers and colleagues. This is not to say that only these circumstances can take one forward, because fortunes could also change with the times.  

My foremost advice for those treading in the same direction is to commit to the cause of rule of law and to realise the part you play in maintaining it. Rule of law is integral to the progress of the human race and it is crucial for lawyers to take their positions defending it. One must remember that any subversion of the legal system does not affect just a few cases or transactions, but an entire population’s belief in justice. It is our privilege to be the foot soldiers of the justice delivery process, and the ideals of this process should not be sacrificed for any reason. 

As a final note, would you please recommend to our readers your favourite book that left a lasting impression on you. 

I am often amazed by how closely sports mirror the litigation profession—the contest between two sides, the framework of rules, the neutral referee and so on. In many ways, it mirrors life too.  I have enjoyed and savoured the book “Open” by Andre Agassi and would recommend this as a chronicle of experiences which anyone can relate to.  Agassi beautifully describes the dynamics of winning and losing—how a win does not feel as good as a loss feels bad.  I reckon the lessons from this book would appeal to more readers than just sports enthusiasts.