In letter to CJI, Gopal Subramanium writes: ‘Carefully orchestrated drama to scuttle my elevation’

"Conscious that my independence as a lawyer is causing apprehensions that I will not toe the line of the Government."

By: PTI | Updated: June 25, 2014 7:19 pm
Subramanium withdrew his candidature for appointment as SC judge following a negative report by CBI. Subramanium withdrew his candidature for appointment as SC judge following a negative report by CBI.

In a nine-page letter to Chief Justice of India R M Lodha, former Solicitor General Gopal Subramanium on Wednesday withdrew his consent for appointment as a Supreme Court judge protesting against “a very carefully orchestrated drama” to scuttle his elevation.

Following are excerpts from the letter: “I have felt deeply honoured and moved by your request and persuasion to be a Judge of the Supreme Court. I have felt very proud that the members of the Collegium have participated in this powerful invitation.

“I must add that to invite a leading member of the Bar, and his appointment to the Court, must engender expectations of positive conduct and contribution. I have always believed that the Executive Government would so perceive and understand. Clearly, this is not the case. The recent weeks have witnessed some serious constitutional aberrations.

“Over the past two weeks quite a few media reports have voiced the Union Government’s reservations about my appointment. These reports speak of alleged adverse reports

against me by the Intelligence Bureau and the CBI. I must say that these media reports are malicious insinuations based on half-truths, and appear to be a result of carefully planted

leaks aimed at generating doubts in the minds of the Collegium and of the public as to the suitability and propriety of appointing me as a judge of the Supreme Court.

“I am fully conscious that my independence as a lawyer is causing apprehensions that I will not toe the line of the Government. This factor has been decisive in refusing to appoint me. I have no illusions that this is so.”

“I must, therefore, take this opportunity to clarify the allegations made in these news reports. I may add that on May 15, 2014, the Intelligence Bureau had given me a clean chit.

The IB has sought my advice on sensitive matters of national security for over 25 years (including during the previous NDA regime). In fact, the then Deputy prime Minister, Shri L K Advani, used to treat me with so much courtesy. The CBI has also consulted me on numerous occasions (before, during, and after my tenure as Law Officer) and I continued to have been its lead lawyer even after my resignation from the post of Solicitor General.

One wonders why the CBI would repeatedly engage me as lead counsel over the past 20 years if there was any doubt. I have reliably learnt that the Ministry of Law and Justice initiated an inquiry after May 15, 2014, with a clear mandate to find something to describe me as unsuitable.

Further, media reports have alleged that I had convened a meeting between CBI’s officers and the counsel for a person who was a suspect at the time in the 2G case. This is factually incorrect. CBI officers never met with Mr.T R Andhyarujina (senior advocate) at my hyome or office in connection with the 2G case, or even otherwise.

I may add that I had advised the then Prime Minister, subsequently, to allow an investigation by the CBI into the conduct of the then Telecom Minister (A Raja) notwithstanding the disposal of the Writ Petition relating to arbitrary allotments. The Prime Minister accepted my advice.


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  1. P
    Jun 25, 2014 at 6:18 pm
    This person may not want to toe the line of present day government but it may have done so for previous one and that may be the reason why the government is not along his side. Why so many ministers of congress haven't got punishment or even contested in court after number of scams came out in media including Shelia Dixit?
    1. D
      Jun 25, 2014 at 8:55 pm
      Caeser's wife must be above suion...otherwise if some one with a controversial background joins the bench its prestige and respect will be seriously affected...
      1. H
        Hari Sud
        Jun 25, 2014 at 8:14 pm
        Let us ask one question from Mr. subramanium, did the UPA tricked you in the now terrorist fiasco or you intelligently and independently thought that this is a fit case for prosecution.It is hard to believe that UPA did not promise you reward for chasing Gujarat government of Modi. This reward got derailed because UPA lost the election.What is your answer Mr. subramanium. You were not as independent as you seemed to say.
        1. G
          Jun 25, 2014 at 7:57 pm
          Shame that we lose a great judge whose integrity, clarity of thinking, deep knowledge and compion would have benefited millions of poor. CJI owes the nation the true reason why he can't be appointed.
          1. K
            Jun 25, 2014 at 2:06 pm
            This is a very serious charge. If this is true, then it means the government is trying to subvert the judiciary. This is very very dangerous. Till now the judiciary has been a watchdog on the government. If that is also compromised, then there will be no check on the politicians.
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