Bar & Bench News Network
Tehelka reports on how Senior Advocate Harish Salve, appointed as amicus curiae in Gujarat riot cases has been involved in corporate lobbying for a business group with the Narendra Modi government that itself is accused in the riot cases. Tehelka has exposed the emails exchanged between Salve and the senior officials of Modi’s government that show Salve had routed a business proposal of a major company to Modi’s office.
There will now be doubts over the fairness and impartiality of the Senior Advocate in his analysis of the Special Investigation Team’s (SIT) investigation into the Gujarat riots. There have already been complaints that SIT has failed in its mandate for which it was constituted. Supreme Court lawyer, Kamini Jaiswal had earlier told the Supreme Court that she had no faith in Salve as an amicus.
Retired Supreme Court Judge P.B. Sawant said, that it would be highly unethical and untenable for Salve to continue as an amicus after this expose. The retired Judge said “If the email exchanges cited by you are true then in my view it amounts to corporate lobbying. The court had appointed Salve to assist the judges. But corporate lobbying will make people doubt his impartiality and objectivity. He must resign and I’m sure he will do that.”
In his defence, Salve told Tehelka that he had not made any money from the business deal and the mails he wrote were in his personal capacity as a friend.
Do you think the amicus curiae should be involved in corporate lobbying? By you being appointed as amicus curiae, do you see any conflict of interest in lobbying?
Here is the link to the larger article.
(picture source: India Today)
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- 1. "It is a tragedy that the supposedly top-most legal minds don't even understand a concept so basic as conflict of interest. In an interview, Mr Salve says, "In so many big cases we appear for a client and the next day we appear against the client. The court respects our objectivity because we are able to delink from the situation and are able to deal with the matter" -- Respectfully, if this isn't conflict of interest then what is? With the sole exception of the Govt. as a client, appearing one day for a particular client and the next day against the same client (albeit in different cases) is very much a case of conflict of interest and professional misconduct. In many countries lawyers conducting themselves such would get debarred from practicing law. Here clients throws lakhs of rupees at them.". Anon E. Mouse, New Delhi
- 2. "It is amazing that Harish Salve can continue doing these things with such impunity. He appears for both Amarinder and Badal, and then Amarinder's counsel protest before Justice Sinha. He takes money from one party and appears for another in the Lilavati hospitals case, and Mr.Fali Nariman himself points this out to Chief Justice Balakrishnan's bench. Then, after getting all sorts of orders when Balakrishnan was Chief, he writes a New years day article slamming his regime, then praises Chief Justice Kapadia, files a contempt petition against Prashant Bhushan on kapadia's behalf, and sends books as gifts to Chief Justice Kapadia. Reprehensible conduct! ". Jogen Choudhury, New Delhi
- 3. "There couldn't be a better case for introducing tougher regulations on legal practice in India- instances such as this are shameful, and it is high time that urgent regulatory reform is brought in to ensure that they do not recur.". Anon, London
- 4. "WOW! Mr PB Sawant is talking about propriety and ethics. Well, that seems a little odd when you read that the former Supreme Court justice was in the forefront in demanding the removal of Shivaji's mentor's statue from Lal Mahal at Pune. His grouse that Shivaji's mentor was a Brahmin.Staging a dharna for such dubious issues, speaks volumes.". Ramu, Mumbai
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May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (2)










