KTS Tulsi

It was a series of surprises wrapped in an enigma, so to speak. In the end, the King of Surprises, Justice Ranjan Gogoi, pretty much proved to those who assembled in Court 5 of the Supreme Court on 17 October that no one could beat him in the game of springing surprises.

Justices Anil R Dave, Kurian Joseph and Adarsh Kumar Goel will hear in their chambers at 1.45 pm today the review petitions filed by the CBI and the Association of Victims of Uphaar Tragedy (AVUT) against the judgment delivered by them on 23 September 2015 substituting the sentences of the convicts, Sushil Ansal and Gopal Ansal with a fine of Rs 30 crore to be paid by each.

While Sushil Ansal got relief on the ground of old age, Gopal Ansal’s sentence was substituted on the ground of parity.

When the CBI’s counsel, Harish Salve and AVUT’s counsel, KTS Tulsi expressed the grievance that they were not heard before the bench decided to substitute the sentences of the convicts, Justice Dave had advised Salve to file a review petition, raising the same grievance.

The 23 September judgment had led to considerable outrage.

The AVUT, in its review petition filed separately, has sought the hearing of the petition in open court. If the Judges agree to do so, it will be listed separately for hearing in open court, for hearing arguments from both the sides. If the judges do not see merit in the plea for open court hearing, the review petition may be dismissed in chambers without any reasons being given.

In view of the dissatisfaction with the 23 September 2015 ruling, observers expect the bench to agree to open court hearing of the review petitions.

Legally India will update after the chamber hearing.

Ex-prime minister Manmohan Singh today moved the Supreme Court against the order of a special Central Bureau of Investigation (CBI) trial court that summoned him as an accused alongside industrialist Kumar Mangalam Birla in the coal scam case, reported NDTV and others.

Senior counsel KTS Tulsi and Kapil Sibal will represent Singh, reported India Today.

The CBI had filed a closure report telling the court there was no prosecutable evidence against Singh.

Multi-million rupee job scam in Madras HC: A brother and husband to two Madras HC employees masterminded a multi-crore fake appointment letter scam at the Madras HC with 300 aspirants to posts of junior assistant, driver, office assistant and sweeper in the HC paying him between Rs 2 – 4 lakh each for “appointment orders”. The appointment orders rival genuine letters, as they contain the state emblem and 'signature' of the registrar general, besides carrying the name of Chief Justice Rajesh Kumar Agrawal. They were all issued appointment orders, which mentioned the joining date as September 25, 2012. The date was, however, modified several times later [TOI]

CCI to start rewarding cartel whistleblowers: The Competition Commission of India (CCI) is about to set its first precedent in rewarding cartel whistleblowers. The CCI may impose a lower penalty, on the condition of full disclosure, on Phoenix Conveyor Belt, which is one among 17 companies in the conveyor belt segment against which the CCI has directed investigation for alleged cartelisation [ET]

KTS Tulsi to become Rajya Sabha member: Senior advocate and former additional solicitor general of India KTS Tulsi has been nominated to the Rajya Sabha. Congress president Sonia Gandhi’s son-in-law Robert Vadra is among Tulsi’s many renowned clients. Tulsi obtained his LLB degree in 1971 and took to criminal law in 1980 when he was appointed as special prosecutor. He refused to defend Gujarat’s government in the SC after CM Narendra Modi justified the Sohrabuddin encounter. Tulsi was designated a senior in 1987 and ASG in 1990 [Indian Express]

Police investigation details on Ganguly beyond disclosure: AN RTI activist who had written to the Delhi police commissioner asking him to take cognizance of the AK Ganguly sexual harassment case, like the Goa police had done in Tehelka editor Tarun Tejpal’s instance, filed an RTI to the Delhi police asking if anything stopped it from taking such cognisance. The police rejected the RTI stating that though nothing barred them from taking cognisance, they could not provide details of the action taken since the matter was still pending inquiry [Deccan Herald]

Parole rules to become stringent in Maha, Karnataka: Fed up of paroled convicts absconding in droves, the Karnataka high court has taken suo moto cognisance of 42 parole absconders to revise parole rules in the state and make them more stringent, while the Maharashtra government will change parole rules indicating that this was to avoid the Bollywood actor Sanjay Dutt-like situation, where repeated parole was being obtained on the basis of medical certificates [TOI/The Week]

Constitution co-author Trimbak Tope’s centenary: It is the 100th birth anniversary of the Indian Constitution’s co-author Dr Trimbak Krishna Tope tomorrow, who also served as the vice chancellor of the Mumbai University after 17 years as GLC Mumbai’s principal having taught former president of India Pratibha Patil and former attorney general of India Soli Sorabjee. His daughter, leading Mumbai lawyer Mrunali Deshmukh will be present to commemorate his centennial year as will be former Bombay High Court chief justice Chandrashekhar Dharmadhikari, former Solicitor General of India Gopal Subramaniam and former High Court judge Narendra Chapalgaonkar, to discuss how constitutional mechanisms can correct flaws in the system [DNA]

Gay marriage ban almost struck down in Texas: A Texas federal judge Orlando Garcia becomes the first judge in Texas, to hold that a same-sex marriage ban in the deeply conservative US state is unconstitutional. But he also said he would not enforce his ruling pending a ruling by the 10th Circuit Court of Appeals, which already is hearing two other states' cases. He will also give Texas time to appeal to the 5th Circuit Court of Appeals in New Orleans. Garcia was in the 5th Circuit appointed by President Bill Clinton [TOI]

India Today dockets the lives and times of India’s top eight senior advocates. All of them keep expensive hobbies and none of them bill below Rs 5 lakh – per appearance.

The oldest active lawyer in India, Ram Jethmalani: Aged 90, and enrolled at the bar as the youngest member at age 18, he maintains an envy-invoking Badminton court in his Lutyen’s Delhi bungalow and bills above Rs 40 lakh per matter.

The former law minister recently defended the Gujarat government in the 2002 riots, Baba Ramdev in the case of police lathicharge at Delhi’s Ramlila grounds, the 2G accused, and the Ansals in Delhi’s Uphaar cinema tragedy.

The Philanthropist, KTS Tulsi: The former solicitor general is a vintage-car collector, and can be roped in for Rs 5 lakh per appearance or for free, depending on the cause.

The cause has driven him to oppose the Ansals in Uphaar, refuse to defend the Gujarat state government at the SC after chief minister Narendra Modi justified the Sohrabuddin encounter, and be a special prosecutor in the Punjab terror attacks, during the peak of his career as defense counsel.

The most expensive, Harish Salve: Pianist, Bentley-enthusiast, jazz music lover, and Apple (the company) loyalist, Salve minted Rs 4.5 lakh per appearance until his stakes touched the pinnacle after his recent Rs11,000 crore Vodafone win in the SC.

Once Soli Sorabjee’s junior, anybody who matters in corporate India was (at least) once the former solicitor general’s client – including the Ambani borthers, Keshav Mahindra, Ratan Tata.

But he has fought free too, namely, amicus curiae in the Gujarat riots case and in the environment matters heard by the green bench of the SC. He also appeared against the accused in Uphaar.

The king of miscellaneous times, Mukul Rohatgi: Known for lung power, which he uses during arguments as well as for bustling between courtrooms on miscellaneous days with his extra-heavy load of matters, Rohatgi is a supercar collector, Atlas Shrugged reader, traveller and art-connoisseur.

The former additional solicitor general has been a favourite with politicians including Varun Gandhi and Jayalalitha, and the commonwealth scam accused.

The corporate lawyer, Aryama Sundaram: Plays golf, represents cricket, offers cigars.

The BCCI is a regular client while FICCI was a client in the 2G presidential reference.

The constitutional law expert, PP Rao: “Even judges cannot ignore Rao's interpretations”, writes India Today about the former SCBA president whom the SC looks to despite its own law officers – for instance in the 2G presidential reference, or in the 1992 president’s rule imposition post Babri Masjid.

Controversy’s king, Gopal Subramanium: The former solicitor general of India held the government’s hand through the Kasab trial, the 1993 Bombay blasts, and the recent petition against the grand prix formula 1 race.

The Sherwani-clad, Sushil Kumar: The only Sherwani-clad lawyer in the Supreme Court corridors, he’s seen as the “only one” who can always manage making “holes in the prosecution”.

His clientele – Parliament attacker Mohammed Afzal guru, 2G accused A Raja and Kanimozhi, CWG scam accused Suresh Kalmadi, terrorist Abdul Naseer Maurany and murder-convicted restaurateur P Rajagopal.

“When it comes to final arguments on merits, one needs Kumar to get an acquittal”, claim juniors. [India Today]