India's Top 10 Lawyers: Dhananjay Mahapatra, TOI Crest Jan 9, 2010, 10.16am IST
India's Top 10 Lawyers: Dhananjay Mahapatra, TOI Crest Jan 9, 2010, 10.16am IST
India's Top 10 Lawyers: Dhananjay Mahapatra, TOI Crest Jan 9, 2010, 10.16am IST
(Ashok Desai )
Drawing up any kind of list is fraught with danger, especially a list of the
country's ten top lawyers! We will almost certainly be accused of acts of
omission and commission. On our part, we've tried to be as thorough as
possible — asking senior and junior lawyers and retired judges for their
opinion; examining the track record of short-listed candidates;
comparing their knowledge, acumen and court craft with that of others.
How good are they at retrieving seemingly impossible situations? Can
they persuade a judge to appreciate a point of view that is diametrically
opposite his initial understanding? What role have they played in the
seminal cases of our time? How have they shaped the opinion of
government, the judiciary, the public? In our final list, we left out those
who currently hold positions in government, such as attorney general
Goolam Vahanvati and solicitor general Gopal Subramaniam. We also
didn't consider Kapil Sibal and Arun Jaitley, because as HRD minister
and leader of the Opposition in the Rajya Sabha, respectively, they don't
practise anymore. In the end, we based our judgement primarily on what
we saw and heard, first hand, in the courts...
Nariman, 81, has aged beautifully. His voice has turned metallic over the
years, but it still booms in the biggest courtroom of all — the chief justice of
India's , with its 40-feet high ceiling.
Nariman regularly loses his cool with assistants who try and come to his
rescue while a judge is in the middle of asking him a question. "Listen to the
judge first, I say," he tells them testily. He can also be impatient, especially
with juniors who take too long to source a citation to buttress his
arguments — "Quick, quick, what are you doing."
The case that got him into the real big league came 30 years into his career,
in 1981. This was the Needle Industry Company Case which related to
intricate questions in company law. Nariman's client had lost in the high
court to the arguments of the famous H M Seerbhai. Nariman defended
him with great technical brilliance before the Supreme Court, which finally
ruled in favour of Nariman's client.
Even as he climbed the "greasy poles of success" , as he puts it, he has often
found himself drawn to hopeless cases. Maybe, it's because he believes in
the saying: "The important thing is not winning, but taking part; the
important thing in life is not conquering, but fighting."
He charges Rs 2.5-3 lakh for a five minute argument on admission day,
while a day-long hearing could see him earn upwards of Rs 25 lakh. But he
does many cases for free, too. As for what he does with his money, his
response is blunt: "That's nobody's business but mine." He's known to give
a lot of money to charity (apart from his pro bono work), but won't disclose
details.
Nariman's formula for success: "75 per cent hard work, 25 per cent court
craft". His advice to younger lawyers? "Be humble before the court and do
not suppress a fact even if it's against you."
SUPREME SOLI-LOQUIST
Sorabjee loves to be referred to as the former attorney general, for it
brought him great glory. As AG, he successfully defended India against
Pakistan in the Atlantique downing case in an international court. The
Atlantique incident involved the Indian Air Force shooting down a Pakistan
Navy plane, Breguet Atlantique, carrying 16 people on board, citing
violation of airspace. The incident took place in the Rann of Kutch on
August 10, 1999, just a month after the Kargil war, creating a tense
atmosphere between India and Pakistan. Thanks to Sorabjee, the court
exonerated India and the political situation regained a measure of
normalcy.
The cases have also shown that there are not many who rule the roost. As
part of legal strategies, some prospective litigants even hire more lawyers
than they actually need to ensure that the opponent is unable to use the
services of the best lawyers. It is because of this that sought-after lawyers
are roped in just when controversies start brewing.
Here we profile some of the most sought-after lawyers and force to reckon
with when they are either supporting or opposing a case in the Supreme
Court or any other court. However, the outstation services come with a
price which could be two, three, five or even ten times the amount they
normally charge. The fees charged by them also vary depending on the case
and the client. Apart from bearing the cost of the entourage, the outstation
visits could also come with conditions like hiring a private plane. And getting
them during vacations is possible only at astronomical rates.
The list does not include government law officers and some veterans who
are now very selective with the cases they take up.
Ram Jethmalani - Senior Counsel, Rajya Sabha MP and former law minister
Indulgence: His love for badminton is legendary. Jethmalani has an indoor
badminton court built in his MP's bungalow that is the envy of Lutyens'
Delhi. He drives around in a Mercedes.
Ram Jethmalani, at 90, has the distinction of being one of the oldest active
lawyers of the country and at 18 he was the youngest member of the bar.
An exception was carved out for him to enable him join the bar at 18
because the minimum age for enrolling as a lawyer was 21 then.
He keeps judges spell bound by his arguments and his ability to cite
precedents which are embedded in his memory. He represented the Gujarat
government in matters pertaining to the 2002 riot cases. Recently he also
appeared for Ramdev in the case pertaining to police highhandedness in
dispersing the crowd at Ramlila grounds. He also represented the 2G
accused. He is now representing the Ansals in the Uphaar cinema fire
tragedy case.
Senior counsel K. T.S. Tulsi enrolled as a lawyer in Punjab after taking a law
degree in 1971 but he decided to focus on the criminal side in 1980s and
hasn't looked back since then. He has a big list of highprofile clients
including Robert Vadra.
Unlike most criminal lawyers, he does not mind being on the side of the
prosecution. He took up the job of a special prosecutor in terror cases in
Punjab in the 1980s when no one wanted to take up cases against terrorists.
Tulsi recently took up the case of Devinder Pal Singh Bhullar who is facing
death sentence for a terror attack in Delhi. The idea was not to re-open the
case but to save Bhullar from the gallows. He has sought commutation of his
death sentence to life imprisonment on the ground of inordinate delay of
eight years by the President in deciding his mercy plea.
Sundaram also takes up constitutional law and media related cases. He was
a lawyer in the S. Rangarajan case which resulted in one of the landmark
judgments on the freedom of speech and expression.
Rao took his law degree from the Osmania University and started his career
by teaching in the University of Delhi. He, however, switched over to
practice in 1967 and became an advocate-onrecord in the Supreme Court in
1969 and was designated a senior by the Supreme Court in 1976.
He has the central government and several state governments in the list of
his clients. Though the government has its own team of law officers, it roped
in Rao to place its view point before the Supreme Court in the 2G case. His
services were availed to defend the President's Rule imposed by the
government after the demolition of the Babri Masjid in 1992. He recently
appeared for former Railway Minister Jaffer Sharief in a corruption case
against him.
Congress scion Rahul Gandhi has also bestowed his trust in Rao who has
been seeking action against the petitioner who defamed Gandhi by filing a
writ against him.
Harish Salve - Senior Supreme Court Counsel and former Solicitor General
of India
Indulgence: He must have an Apple product within 48 hours of its launch.
Salve loves to play the piano, enjoys jazz and drives a Bentley.
Harish Salve is undoubtedly one of the best and most expensive lawyers in
the country. And going by his career graph as a lawyer, Nagpur-born Salve
now belongs to where he is - Delhi, the seat of the apex court of the
country. Salve shifted to Delhi in 1976 and joined eminent lawyer Soli J.
Sorabjee's chamber in 1980 and set up an independent practice in the mid
80s. He was designated as a senior counsel by the Supreme Court in 1992
and was appointed the Solicitor General of India in 1999.
His stakes touched the pinnacle recently when he won the over Rs.1,1000
crore Vodafone tax case against the government before the Supreme Court.
Salve has appeared for one of the Ambani brothers in the gas dispute
between them. He defended Keshub Mahindra when the CBI filed a curative
petition to revive culpable homicide charges in the Bhopal gas tragedy case.
Ratan Tata, who has approached the Supreme Court against alleged
violation of his right to privacy with the publication of the Radia tapes, has
also availed his services. Recently, he represented the CII in the Presidential
Reference.
The number of cases that Mukul Rohatgi argues everyday shows the trust
litigants bestow in him.
He appeared, opposite Salve, for the younger Ambani brother in the gas
dispute between the two brothers. He has defended several politicians,
including Jayalalithaa, in corruption cases. He has also argued on behalf of
the Gujarat government in the matters concerning riots in the state.
One of the leading criminal lawyers in the country, Sushil Kumar is the only
lawyer seen in a sherwani in the corridors of the apex court.
He presently represents A. Raja and Kanimozhi in the 2G scam case and has
also argued for Suresh Kalmadi, an accused in the CWG scam.
He has appeared for the Ansals in the Uphaar fire tragedy case and for the
hotel chain Sarvana Bhavan proprietor P. Rajagopal who was facing a life
sentence for murder. Kumar's services had also been sought for Afzal Guru
in the Parliament attack case and for terror accused Abdul Naseer Maudany.
He is a formidable opponent for a prosecution lawyer as he can easily make
holes in the prosecution theory and win his clients the benefit of doubt.
Junior lawyers say there are many who can get notice on an appeal but
when it comes to final arguments on merits, one needs Kumar to get an
acquittal.