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Monday, December 24, 2012

India's supermen in Black - News - India Today



Meet India's supermen in black: When people like Robert Vadra get into trouble, only a handful of lawyers are called to bail them out : Gyanant Singh, News - India Today:


When a dispute or controversy in politics, business, sports or even in the private lives of public personalities makes headlines, top lawyers of the country cannot remain away from the headlines.

The recent high-stake cases pertaining to the gas dispute between the Ambani brothers, the 2G scam, the privacy case filed by industrialist Ratan Tata, the Vodafone tax case, the Sahara-SEBI dispute, the CWG scam, the Presidential Reference, the PIL against Congress leader Rahul Gandhi and the asset cases involving top politicians have only brought to the fore the leaders among the men in black.

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.

Fees: Rs.40 lakh for taking up a case and Rs.10 to Rs.20 lakh per appearance thereafter

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.

K.T.S. Tulsi - Former Additional Solicitor General of India and Senior Counsel



Indulgence: He likes hosting lavish parties, watching sports and collecting vintage cars

Fees: Approximately Rs.5 lakh per appearance. But he provides free assistance to needy people

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.

At a time when he was in great demand as a lawyer for accused, he took up the Uphaar tragedy case on behalf of the victims and against the mighty Ansals. His free assistance to the victims of the tragedy continues even to this day. He made headlines when he refused to argue cases for the Gujarat government after Chief Minister Narendra Modi justified the Sohrabuddin encounter - a case in which he was defending the state government before the Supreme Court.

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.

Aryama Sundaram - Designated Senior Counsel



Indulgence: Golf, collecting art, cigars and reading

Fees: Approximately Rs.5 lakh per appearance

Aryama Sundaram is a corporate lawyer who has represented the Board of Control for Cricket in India (BCCI) in a number of cases. He represented the voice of the industry in the Presidential Reference seeking clarification on the mode of allocation of natural resources by the government.

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.

He recently appeared for FICCI during the hearing on the Presidential Reference.He has represented the BCCI in a case which cleared the decks for board secretary N. Srinivasan to take over as the President of the board. The apex court in the case turned down a plea to restrain Srinivasan from taking over the top post till it was decided whether an IPL team owner could be allowed to become an office bearer of the board.The restraint was sought by the former BCCI President A. C. Muthiah.

P.P. Rao - Senior Counsel
Indulgence: A former president of the Supreme Court Bar Association, Rahul Gandhi's lawyer has an Audi A8

Fees: Minimum of Rs.5 lakh per appearance

An expert on constitutional law, even judges cannot ignore Rao's interpretations. He is sought after in election matters too.

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.

Fees: Approximately Rs.4.5 lakh per appearance

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.

He represented the Delhi Police in the matter concerning the mid-night crackdown on supporters of Baba Ramdev who was protesting against corruption and his able defence led to Ramdev's indictment as well. His success story has made Salve the first choice of litigants who can afford him. But it is not always for the money. Salve is the amicus curiae in the Gujarat riot case and in environment matters heard by the green bench of the apex court. He appeared against the accused in the Uphaar fire tragedy case. According to a lawyer who has known him since 1980s, Salve has been successful because he is very convincing and never seems to be forcing his view on the judge.

Mukul Rohatgi - Senior Counsel and former Additional Solicitor General

Indulgence: An avid collector of supercars, Rohatgi loves travelling and Ayn Rand's Atlas Shrugged. He drives a Bentley, has Souzas on his walls and a holiday home in Goa.

Fees: Minimum of Rs.5 lakh per appearance

The number of cases that Mukul Rohatgi argues everyday shows the trust litigants bestow in him.

On Mondays and Fridays, when miscellaneous matters are taken up by the Supreme Court, Rohatgi can be seen rushing along the court corridors to get from one courtroom to another. He handles a wide spectrum of matters which include both civil and criminal cases and his clients include politicians, actors and corporate leaders.

He had a roaring practice in the Delhi High Court when he was appointed the Additional Solicitor General in 1999. He thereafter shifted to the Supreme Court and carved out a place for himself.

He is very polite outside the courts but he means business once he is in court representing a client. He argues in the literal sense of the term and ensures that his voice is heard even if it is at the cost of shouting down his opponent.

He recently defended BJP leader Varun Gandhi against invocation of preventive detention by the then Mayawati government for his hate speech. The order under the National Security Act (NSA) was revoked on court orders.

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.

He has been representing the Commonwealth and 2G scam accused as well. A lawyer who knows him well said his success mantra was his confidence. He can argue for an hour even after a short briefing of a few minutes.

Sushil Kumar - Designated Senior Counsel


Indulgence: Kumar reads spiritual books and is influenced by J. Krishnamurti's life and works. And he reads court cases even in his free time.

Fees: Minimum of Rs.5.5 lakh per appearance

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.

Gopal Subramanium - Former Solicitor General of India and Senior Counsel
Indulgence:Subramanium has an Audi A8, but more than cars, it's culture and ethnic crafts that interest him. He also has has an impressive collection of books.

Fees: Minimum of Rs.5 lakh per appearance

Gopal Subramanium made his mark as the Solicitor General of India at a time when the government's decisions came up for scrutiny before the Supreme Court and he maintained his record after he resigned. He has a roaring practice and is probably making more money than he did before.

He recently appeared on behalf of the state in the Mumbai attack case in which Kasab's death sentence was confirmed. He is also appearing on behalf of the state in the 1993 Bombay blasts case before the Supreme Court. After resigning as SG, he appeared in a case against the appointment of SEBI chief. He also appeared as amicus curiae in the Gujarat encounter cases.

The Uttar Pradesh government fielded him when a petition against Formula - I was filed just ahead of the event. He is presently appearing for Novartis in the highstake patent case pertaining to a cancer drug.

-- The fee rates cited for these lawyers are based on independent inquiries made by Mail Today


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