The CRIMINAL Advocates

Shri. J Gopikrishnan
Photo: indologygoa.wordpress.com

By J Gopikrishnan

Mahatma Gandhi once compared Lawyers’ profession is like liar’s. I never took Gandhiji’s this particular observation seriously and even thought somebody must have misquoted him. But after my four year long 2G spectrum saga I am convinced Mahatma was very right here also.

Take this example. We all heard Ram Jethmalani talking blabbering on black money and even once he offered himself to become the Special Public Prosecutor of Supreme Court monitored 2G investigation and trial. Those days the Centre was trying to collapse Supreme Court’s move to appoint UU Lallit as Special Public Prosecutor. It was because he was not a pliable character. The Ministers who were advocates in the UPA government don’t want Lalit as Special Public Prosecutor as all aware 2G probe may go to unseen angles.

Within minutes of Jethmalani’s declaration, Subramanian Swamy objected and at last Lalit became the Special Prosecutor.  We have seen, Jethmalani within days landed 2G special court as accused Kanmozhi’s advocate. Jethmalani who fought case in Supreme Court on black money (Really I don’t know how this so called Bring Back Blackmoney campaign aims to achieve the goal) was the lone BJP MP, who never declared that he don’t have foreign bank accounts. When BJP MPs rallied to file – no foreign back account – affidavit, Jehtmalani was absent. He excused on his daughter’s illness and she died after few weeks. Within days after the death, he landed in Delhi’s shivering winter to argue for Kanimozhi in small trial court.

Vineet Narayan of Hawala case told me in detail, how Jethmalani, who represented him collapsed the case. Vineet publicly said, Jethmalani offered him one million dollars for compromise. Though Jethmalani threatened him of filing defamation case, he never did it.  

I brought out this example as classic case of how the profession of advocates have degraded. I have seen so many advocates in the Patiala House Court (Local court complex in Central Delhi) coming in old scooters and small cars. After 2G special court was established and so many corproates landed as accused, within days these advocates were seen dashing in Mercedes Benz and BMW kind of vehicles with iPads in hands. Small time lawyers started landing courts with so many juniors like a fashion parade. I have seen one accused shouting and almost hitting such an advocate, when his bail application was cancelled. The reason was, the fraud advocate claimed that he had manipulated the judge and this time bail was a sure. Fearing life, advocate complained to police. As an advocate, he well knew that his client has patronage of underworld- terorist Dawood Ibrahim. Police asked him to file written complaint, which he never did and the issue was settled after he gave back around Rs. Five crore to accused's father.

I wish to write a book soon on the 2G spectrum scam saga, where advocates become the ultimate beneficiaries. As the case is in the trial stage, let me put a pause on this regard.

Veteran journalist Arun Shourie has written on several occasions, that major political parties are now under the control of advocate turned politicians. These advocates are all belong to corporate companies’ racket and now stopped representing any Public Interest Litigations (PIL). Some never in their career appeared for PILs. Majority of the spokespersons are corporate advocates, barring some few. Everybody is a “retainer” of most of the companies, who owe billions or looted billions of public exchequer.  Most of the politicians cum advocates are representing the case of tax evaders. They abuse their position in politics to flourish their business of advocacy or lobbying and becoming the part of looters of the country.

Earlier so many advocates entered politics to serve community. Many leaders wore black gowns during independence struggle to save the young men from gallows. But now that breed had gone and money mongering corporate lawyers infiltrated into India’s polity. How many so called legal luminaries are entertaining PILs. Everybody started charging lakhs on hourly basis and some started crores on daily basis. Very few people like Prashant Bhushan entertaining PILs and representing cases literally free for common cause.

The generation that fought on PILs have gone. The saddest point is, when you ask young advocates, all wanted to become or dreaming to become corporate advocates, aiming to spend court vacations worldwide. Very, very few are working on petitions on social cause and agonies of common man.

This is long debatable topic on how clean this noble profession. There need a tough Regulator for this profession.  We have to strengthen the Bar Council for acting against these elements which spoil the spirit of the profession, which once guided the world. The first thing to rectify the system is the thorough redrafting of India’s redundant Advocates  Act to clean this noble profession, now infiltrated by money mongers and manipulators.

(J Gopikrishnan is a journalist working with “The Pioneer” newspaper. His articles can be read at his blog :http://jgopikrishnan.blogspot.in/ )