MK Damodaran: A doyen of the Kerala Bar (and now centre of controversy)

Senior Advocate and former Advocate General of Kerala, MK Damodaran, considered to be one of the doyens of the Kerala Bar, is in the news once again. And this time around, it is in connection with the recently elected LDF government..Damodaran was rumoured to be in the race for the post of Advocate General in the new government, although this did not eventually did not materialise. However, in June this year Damodaran was appointed as legal adviser to the current Chief Minister, Pinarayi Vijayan..This appointment has sparked off a major debate in the State, with the local media devoting a chunk of prime time on the issue. Though the LDF defended the appointment of Damodaran on the ground that he was the legal advisor of the Chief Minister and not the government, and that it is not a paid post, critics panned the appointment as extra-constitutional and unnecessary..The major issue was the conflict that could arise in cases where Damodaran would be engaged as private lawyer and State would be a party. And such a situation did arise much too soon for the LDF government’s liking..After Damodaran appeared for lottery baron Santiago Martin in a case filed by the Enforcement Directorate, the opposition wasted no time in training their guns on Vijayan and Damodaran alleging a clear case of conflict of interest..Vijayan was, however, categorical in his defence of Damodaran stating that there is no bar on the former Advocate General accepting any brief as his services to Vijayan are for free..As per this report in The Hindu, Damodaran will be writing to the LDF government soon, declining the appointment. Whatever the eventual outcome, this marks another interesting chapter for a lawyer who has seen it all..In a 2013 interview with Bar & Bench, Damodaran revealed that he began his practice in 1964, rising to prominence after defending naxalites during lates 60s and early 70s..“During the height of Naxalite movement, I was engaged by most of the accused in the ‘Thalassery Pulpally’ case. In most of the cases involving offences committed by Naxalites in north Malabar, I was defending the accused which bolstered my popularity as a lawyer..Initially practising in Tellicherry, he shifted base to Ernakulam after he was jailed during the Emergency..“The only provocation to shift to Ernakulam was my jail life. After I was detained in prison, I thought that it was better to shift to Ernakulam. There are three reasons; one was that I did not want to be very active in politics; instead I wanted to concentrate on the profession. There is another important reason. My parents were alive at that time. They thought that if I continued at Tellichery, I will be active in politics and will end up contesting the elections.”.Damodaran’s tenure as Advocate General, during the Naynar Ministry from 1996-2001, witnessed a number of controversies; particularly relating to the legal advice given by him in the Ice-cream Parlour case and Suryanelli case..According to Damodaran, his experience as AG was “splendid.”.“There were several instances during my tenure as AG which were very competitive and challenging; there were several crises during my period. I feel that I was successful as an AG. During that period, the Chief Minister of Kerala was Comrade EK Nayanar. My relationship with the Chief Minister was splendid. He was one of the best Chief Ministers Kerala has seen.”.Interestingly, the interview was conducted at a time when the controversy surrounding the Coalgate case in Supreme Court had reached its crescendo with an ASG openly coming out against the then Attorney General..When quizzed on whether he had faced any political pressures as Advocate General, Damodaran maintained that he never faced any such pressure..“I was not controlled by anybody. I worked independently and formed my opinion. My advice to government was never rejected.”.All controversies aside, Damodaran comes across as a simple man with strong work ethics..“Juniors at the Bar are not serious these days. They do not spend time studying. They should be serious about their studies and should acquire knowledge in law. They should be committed to profession. Wide reading in law and other subjects connected to law is very important.”.His new stint with the Chief Minister has already created a storm in Kerala politics. One will have to wait and watch to see how it will all pan out for him..Premium subscribers can read the full interview here.