New Delhi: Octogenarian Ram Jethmalani has added grit and glint to the Upper House of Parliament.
Having retired as member of the Rajya Sabha early this month, he has been nominated again to fill the vacancy created by the death of Vidya Niwas Misra, who died in a road accident last year.
He has earned notoriety for handling clients including Sanjay Dutt in Mumbai bomb blast case, Harshad Mehta in securities scam and those charged with the attack on the Parliament and the Best Bakery case.
During the Bofors controversy in the 80s, he had bombarded former Prime Minister Rajiv Gandhi with a volley of questions every day.
This prompted Gandhi to call him a "barking dog". It had led the nonconformist lawyer to add, "Dogs bark only on spotting the thieves."
He can be penetratingly sharp and frighteningly brilliant in the courtrooms and throughout his legal career, Jethmalani, 83, has been a crusader for lost causes. His sharp tongue and shrewd mind has won him both friends and enemies.
Gulf News talks to the articulate and outspoken Ram Jethmalani.
GULF NEWS: Your nomination by the Congress Party has come as a surprise.
RAM JETHMALANI: I am a nominee of the United Progressive Alliance. My Communist friends and Lalu Prasad Yadav have a great role to play in securing a nomination for me. Of course, the Congress has accepted it. But being an independent I do not belong to any party. I can assure that if the government goes wrong I'll be the first to attack it.
You've had a controversial innings as a criminal lawyer defending smugglers, cheats and murderers.
It's just that criminal cases attract public attention. Since I have appeared in some high-profile criminal cases, I have earned this reputation. But I do more civil and constitutional work, which nobody notices.
At a time when it was treacherous to show sympathy to the accused in Indira Gandhi assassination case, what made you take up their case?
I cannot be blamed for appearing in all kinds of criminal cases. A lawyer cannot refuse to defend a person on the ground that he believes someone guilty and that it will bring him personal unpopularity.
In several cases, including this one, the High Court had requested me to defend the accused. The request has to be treated as a command and you are not paid any fees for it.
You once said Sonia Gandhi seems to be aware of her limitations and therefore maintains her sphinx-like mystique. It's a good defence mechanism. The day this mystique breaks, it will be bad for the party?
I still maintain that. She knew that if she had become the prime minister, she would have difficulty handling the job and therefore put up a trained civil servant. Recognition of one's limitations is the best sign of intelligence.
You were quite friendly with the Bharatiya Janata Party leaders. What has gone wrong with veterans like Atal Bihari Vajpayee and Lal Krishan Advani?
I think they are suffering from some kind of intellectual constipation.
You were the only minister sacked by the Vajpayee government. And probably you were the first person who said that Vajpayee had a coterie.
Yes, Vajpayee had a coterie of advisors who did not like me. But see, what happened to Vajpayee himself and what the country did to him. The government got knocked off.
You have been in the law ministry once. When will the public be proud of the level of law and justice in the country?
We inherited a great system of law and justice from the British. We kept it up for a long time, but some deterioration has set in now. One hopes things improve.
What wrongs do you see with the present judicial system?
There are two faults. First, it has inadequate personnel. We require five times the number of judges we presently have. The delay is bad for the judicial system, particularly for the criminal justice system. Witnesses mainly turn hostile because that feeling of anger dies down after a point.
Second, to some extent, corruption has gone into the judicial blood. Judiciary has suffered a loss of prestige and social acceptability.
As former Urban Development Minister, what is your take on demolitions in Delhi?
I dealt with this problem as a minister. My confirmed view was that illegal constructions have come up with the assistance and cooperation of public servants.
The State is responsible for the conduct of its servants. Therefore, it cannot demolish unless it is prepared to pay full compensation to the owners.
You had earlier appeared for the prime accused Manu Sharma in the Jessica Lal murder case. What is your stand now?
I am a little embarrassed because I appeared in Manu Sharma's case at some stage for his bail, but not in the trial court.
Technically, yes he has been my client. Ever since he got acquitted, no one has approached me.
