Tribute | Anecdotes From the Almanac of Ram Jethmalani

Ram Jethmalani.

(File Photo)

14 September marks the 101st birth anniversary of arguably India’s sharpest mind in the field of criminal law, Ram Jethmalani.

His precocious entree into the realm of criminal law at the tender age of 18 marked the inception of a storied career spanning over six decades, culminating in his widespread recognition as the doyen of criminal law. Through his prolonged and distinguished practice, he established himself as an unparalleled authority on criminal jurisprudence, renowned for his profound expertise and unwavering commitment to the field. His remarkable tenure was characterized by an unrelenting passion for the intricacies of criminal justice, earning him the esteemed reputation of being a luminary in the legal fraternity.

Selecting a single case from Ram Jethmalani's illustrious career is a Sisyphean task; for each case he argued was a symphony of logic, wit, and persuasion that left an indelible mark on the minds of those fortunate enough to be in the courtroom while he was arguing, which was indeed a testament to his unparalleled mastery of the law.

Ram Jethmalani’s journey in the law, and his frequent run-ins with politics and the media, have been ably documented by Susan Adelman, in her biography on Jethmalani called ‘The Rebel’. Susan notes how Jethmalani was one of the youngest graduates of law from the University of Bombay - so young, in fact, that it was impermissible for him to be enrolled at the Bar, which prescribed a minimum age of 21. A precocious Ram approached the courts in Sindh to create an exception to this rule, which allowed him to become a lawyer at the tender age of 18, and establish an early presence at the courts of law.

Mr. Jethmalani’s moment to create his niche at the Bombay Bar came through his role in the prosecution of celebrated naval officer, Commander Kawas Nanavati. Assisting public prosecutor Y.V. Chandrachud (who would go on to become the Chief Justice of India), he was intricately involved in the preparation for the prosecution of Nanavati in what would turn out to be India’s last jury trial. Jethmalani’s involvement in the trial was carefully observed by the media, including a popular newspaper called The Blitz.

After the jury trial in Nanavati’s case was held to be perverse, and referred to the High Court, it was Jethmalani’s arguments (ably articulated before the High Court by YV Chandrachud), which ultimately led to the conviction, and the imposition of the death penalty, on Nanavati.

Jethmalani’s Resolute Adherence to First Principles

Soon, Jethmalani became synonymous with high-profile cases. While we saw the lawyer in him blooming with each appearance, we also noticed that due to the nature of the accusations in the matter, he faced significant criticism and flak from different sections of society. For instance, while he was representing Manu Sharma, the main accused suspect in the murder of Jessica Lall, representing the accused suspects in the assassination of Prime Minister Rajiv Gandhi, defending Asaram Bapu against allegations of sexual assault, and representing Harshad Mehta and Lalit Modi in cases of fraud, cheating and swindling of public money – which drew the public ire.

However, the core principle that Ram Jethmalani held the closest to his heart was that every person, no matter what the allegations against them, or their status in society, deserved proper legal representation, and was entitled to have their side of the case put before the Court in any legal proceeding(s). He often used to say, “I decide according to my conscience who to defend. A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct.”

Jethmalani’s Love for the Cause Celebre 

And true to his word, Jethmalani was involved in a number of landmark cases before the Supreme Court, where the Court decided core constitutional issues on the right of an accused to a fair and speedy trial, to an investigation that followed due process, and to be presumed innocent till the prosecution was able to establish its case beyond a reasonable doubt. He flourished day by day and brief by brief into a legal luminary.

Jethmalani represented Kartar Singh in one of the Supreme Court’s landmark decisions on the imposition of the death penalty, where the Court laid down its salient test that the death penalty should only be awarded in the ‘rarest of the rare’ cases, and emphasised on the right to life under Article 21 as one of the bulwarks of the Indian Constitution – which ought to be protected and defended by constitutional courts.

Similarly, Jethmalani represented Mukhtar Ansari before the Supreme Court, which drew heavy criticism from various corners of the media, since Ansari was renowned in political circles as a gangster, and accused of orchestrating a criminal syndicate. However, Jethmalani’s arguments in Ansari’s case revolved around the right for any and every accused (irrespective of who the accused was) to have his case tried expeditiously – since an arrest during the pendency of a criminal investigation infringes on the salient right of the accused to his personal liberty under Article 21 of the Constitution.

Jethmalani’s Enduring Legacy

As we remember Jethmalani’s contributions on the anniversary of his sad demise, it is fascinating to see how his principles and teachings hold true in modern society – and in the evolving legal landscape in India today. The Supreme Court’s recent jurisprudence of making bail to undertrials as the rule, and jail as the exception, reemphasises Jethmalani’s fervent attempt to push for the rights of an accused to be recognised during a criminal investigation.

Likewise, Jethmalani’s views on representing an accused, irrespective of their political ideology, economic status, religion, background etc. becomes extremely significant in light of recent events in India, where lawyers have been targeted on social media for representing a certain party – not realising that providing legal representation is a bounden duty of each lawyer under the Advocates Act, and the Bar Council of India Rules.

As we pay tribute to his enduring legacy, it is apt to recollect his seminal contributions to the legal fraternity, and to the field of criminal law in particular. It is difficult to gauge what Jethmalani’s views would have been on the advent on the new criminal laws in India. However, he would have welcomed the challenge to untangle the many legal conundrums and complexities arising from the new criminal laws with open arms. Never one to back down from a stern legal challenge, perhaps the most telling lesson from Jethmalani’s journey for future criminal lawyers is really to see the new criminal laws as an opportunity, and an anchor to further public good, rather than dismiss them as a hassle which was unwarranted.

Jethmalani’s legal journey will continue to motivate many generations of lawyers in India, who will do well to try and match the significant impact he has had on the judiciary and the legal fraternity.

(The authors would like to acknowledge the efforts of the research associates, Mr. Madhav Jaiswal and Mr. Vansh Saluja.)

[Tanvi Dubey is an Advocate at the Supreme Court of India, who handles a wide range of civil, criminal, service and commercial litigation matters before the Supreme Court. Sumit Chatterjee is a civil and commercial lawyer at the Karnataka High Court, who also appears frequently before a variety of courts and arbitral tribunals in Bangalore.]