National Moot Pool Selections 2012-13

Neshib Sejwant was a student at one of Indias best law schools at Bhopal. After completing his B.A. LL.B. (Hons.) course in April 2007, he received high paying offers from two of Indias top law firms. However, having been inspired by shows like Bombay Legal and The Practitioners, he decided that he did not want to take up either of his job offers which would simply make him a glorified clerk. He went to Delhi and joined as a junior to a Senior Counsel, Mr. Kunal Panugovel, who then was also an Additional Solicitor General (ASG) of India. While working for Mr. Kunal Panugovel, Neshib found that Mr. Kunal was often out of office to fulfill his obligations as an ASG, and consequently a number of new clients were often lost due to his absence. As an enthusiastic young lawyer, Neshib felt that there was injustice being done to Mr. Kunal Panugovel, who was losing out on clients, and also to the clients, who were losing out on the impeccable legal services of Mr. Kunal Panugovel. Thus, on the 10th of January 2008, when a certain Mr. Blain Reggoe Sotham, an Anglo-Indian man, walked into the office asking for Mr. Kunal, Neshib represented himself as the same and took his brief and counseled Mr.Blain on his problem, intending to update Mr. Kunal on the case at a later time. Mr.Blain, on a 2 month official trip to Tokyo in March-April 2003, had gotten married to a pretty, but not so smart (silly and idiotic by Mr. Blains own admission), Japanese donkey rearer named Hishoni Gensatpu. Mr. Blain returned to India, while Hishoni continued to live in Japan. However, after 4 years, in May 2007, he became infatuated with another woman in India, Ms.Kaalp Maarkis, an Indian citizen of German origin, and began to have an affair with her. Mr.Blain had approached Mr.Kunals office seeking help to conclude all legal formalities, and complete his marriage to Ms.Kaalp Maarkis. While Neshib intended to update Mr.Kunal about the 1 | Page

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case, and ensure that the client received Mr. Kunals services, he was unable to meet with him due to Mr. Kunals busy schedule. With the passing of time, Neshib began to feel that injustice was being done to the client due to the undue delay in the matter, and Neshib decided to go ahead and handle the matter by himself. During his appearance in the High Court of Delhi in July 2007, in the court of Justice Daiti Rasa and Justice Orjiy, which also happened to be his first ever appearance in court, Justice Daiti remarked that she was, irritated to see a young turk handling such a matter, that too in the absence of his senior. After he had made his initial submissions, Justice Orjiy adjourned the matter to the next day and asked him to come back better prepared. Neshib, who felt that the judges had not even being paying full attention to him, was irritated and vented his frustration by telling them, You should pay more respect to lawyers. I have been to an NLU, and am probably better equipped than even you. I will not tolerate such nonsense in the future, and then walked out of the courtroom. After a few hours, when he had cooled off, Neshib felt that there may be consequences to his actions, and decided to apologize to Justices Rasa and Orjiy. He found out from the Court Registrar that the judges had an appointment at the Taj hotel at 8PM that night, and made himself present there at the same time. On their arrival, Neshib went and apologized to them, simply briefed them about this first case he was dealing with, and told them that he hoped there would be no adverse impact on his case. On the following day, Neshib was charged for contempt of court on multiple grounds, and after a brief hearing was punished with a fine of one thousand rupees. Neshib proffered an appeal to the Supreme Court within 10 days.

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National Moot Pool Selections 2012-13

The matter regarding the divorce and remarriage of Mr. Blain continued in a fresh courtroom, in front of Justice Bitu Mathos. The proceedings carried on for more than 6 months, and Mr. Blain, who was a busy person began to get frustrated. He pressurized Neshib to find him a more acceptable and quicker solution. Under a lot of pressure, and after a lot of research, Neshib advised Mr. Blain that his marriage to Hishoni could be considered invalid since she was an idiot, and that he was free to get remarried to Kaalp Maarkis. On February 2008, Mr. Blain and Ms. Kaalp tied the knot. Ms. Tahi Kurma Genstapu, who was the sister of Hishoni, and settled in New Delhi, came to know out about her brother in laws remarriage. She immediately did some background research on the whole situation and initiated Bigamy proceedings against Mr.Blain in the Trial Court at Delhi. The Trial Court held against Mr.Blain, but this was overturned by the High Court. The matter was then appealed to the Supreme Court of India. Further, knowing the role of Neshib in the entire process, she also filed a complaint alleging professional misconduct, on more than one ground, against the office of Mr.Kunal with the State bar Council. The disciplinary committee of the State Bar Council found that there was no professional misconduct in the instant matter. Unhappy with the decision of the State Disciplinary Committee, Tahi took the matter to the Supreme Court in appeal. The Supreme Court, recognizing that the matters relating to Contempt of Court by Neshib, and Bigamy by Mr.Blain were also pending before it, clubbed all these related matters for a joint hearing on 15 th March 2009. The issues that have to be argued are:

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National Moot Pool Selections 2012-13

1.

Whether the Supreme Court can club the instant matters, and whether they are maintainable?

2. 3. 4.

Whether Neshib is guilty of Contempt of Court? Whether the office of Mr.Kunal is guilty of Professional Misconduct? Whether Mr.Blain has committed Bigamy?

Participants are to determine the grounds on which to allege or defend the offences of Professional Misconduct and Contempt of Court in the instant case. Apart from the issues that have already been outlined, participants are encouraged to identify and argue any other issue that they deem fit.

Strength of the law on each side is irrelevant, as participants will be judged based on the strength of their arguments from the same side only.

Participants are to identify the parties and prepare arguments from both sides.

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