Don’t need a character certificate from government: Ex-solicitor general Gopal Subramanium

Gopal Subramanium, former solicitor-general of India, rubbishes the NDA government’s claim that he is unfit to be a Supreme Court judge and accuses its investigative agencies of trying to dig up dirt that was used against him. The eminent lawyer spoke with Nitin Mahajan about why he has withdrawn his candidature. As amicus curiae in the Sohrabuddin fake encounter case, Mr Subramanium was critical of the Gujarat government headed by Narendra Modi and brought out new facts on the basis of which the Supreme Court had ordered a CBI probe into the case.

Have you decided to withdraw your consent to be appointed as a judge of the Supreme Court?
My independence as a lawyer is causing apprehensions that I will not toe the line of the government though I vehemently state that I am not biased against any government. There is definitely a trust deficit, which leaves me with no option but to withdraw my candidature for appointment as a Supreme Court judge. I am sorry that the Supreme Court did not stand up for me. Therefore, I am left with no other choice but to fend for myself. I don’t need a character certificate from the executive government or any member of the judiciary. I have a 34-year unblemished record as a lawyer. I have done nothing wrong. I don’t have to offer any explanation to anyone.

Do you think there has been a deliberate attempt by someone in the government to defame you?
On May 15, none other than the Chief Justice of India told me that there was a complete integrity check and that the Intelligence Bureau has given me a clean chit. Now, immediately after a new government comes in, you find that the Central Bureau of Investigation has been given a mandate. In the past few days, news reports have appeared in a section of the media that the Union government has reservations about my appointment. It has also been claimed that the IB and the CBI have submitted adverse reports against me. I must say that these media reports are malicious insinuations based on half-truths, and appear to be a result of carefully planted leaks.
The IB and CBI have both been my clients over the past 25 years and these investigative agencies have sought my advice on sensitive matters of national security and other issues during both, the United Progressive Alliance and the National Democratic Alliance’s previous tenure. One wonders why the CBI would repeatedly engage me as lead counsel over the past 20 years if there were any doubts.

So you think someone in the government is trying to deliberately sabotage your candidature for the position of Supreme Court judge. But there have been allegations of “odd behaviour” on your part and that you rely on spiritual instincts rather than rational logic.
I have reliably learnt that the Union ministry of law and justice initiated an inquiry after May 15, 2014, with a clear mandate to find something to describe me as “unsuitable”. I find this simply unacceptable. I don’t want the IB to judge whether a lawyer is rational or spiritual. As the Supreme Court’s amicus curiae in the Padmanabhaswamy temple treasure hunt case, I relied on rationale and logic rather than my spiritual instincts while preparing the 575-page report. I pray to God to give me guidance, but that does not mean I am devoid of jurisprudence. When I do my duty as a lawyer, I am completely secular and logical and stick to the brief.

Do you think that the BJP government is targeting you for your role in the Sohrabuddin fake encounter case in which, as the Supreme Court’s amicus curiae, you had made recommendations that proved embarrassing to the Gujarat government led by Narendra Modi?
It appears that I am being targeted for this very independence and integrity. I had no personal vengeance or grudge against Amit Shah and allegations of bias against the BJP leader are puerile and childish. Some higher-ups in the government did indicate to me that some people had a problem with my role as amicus curiae in the Sohrabuddin case. Though I bear no personal animus against Mr Shah — I’ve never said anything personal against him — I am not at all apologetic about my role as the amicus curiae in that case. If I am paying the price for the manner in which I pursued the case, I don’t regret it all. I am willing to pay the price 150 times.

One of the allegations against you is that while you were dealing with the 2G scam as solicitor-general, you made CBI officers meet a lawyer representing the accused, minister A. Raja. Please clarify.
Such a meeting never took place. This is factually incorrect. CBI officers never met T.R. Andhyarujina (senior advocate) at my home or office in connection with the 2G case, or even otherwise. And I have met Mr Raja only once in my life. That too when he came as a minister accompanied by the secretary to the department of telecommunication. At that time I had absolutely no information about this man being under the scanner. In fact, I was the one who had recommended to PM Manmohan Singh in writing that the case against Mr Raja should not be closed.
Dr Singh accepted my advice and allowed a CBI investigation into the conduct of Mr Raja.

There have also been allegations that you have utilised your influence in securing free membership of a swimming pool at a top five-star hotel of New Delhi through the lobbyist Niira Radia.
I have never accepted any free membership of swimming pool in any five-star hotel in Delhi. I was definitely looking for an alternative to Talkatora Stadium swimming pool, which was under repair at the time due to the Commonwealth Games. I sought advice from a colleague regarding options available nearby which I could use. Soon afterwards I got a call from the five-star hotel in question and it offered me a membership which I did not take. I have never met Ms Radia when I was the solicitor-general. Prior to me becoming additional solicitor-general, I gave her legal advice when one of her sons was abducted.
In fact, I handed over the Radia tapes to the Supreme Court. I was the one who wanted investigation into what was in those tapes.