Jethmalani quits as Kejriwal's counsel, seeks Rs 2 crore fee

TNN
July 26, 2017

New Delhi, Jul 26: Ram Jethmalani has quit as chief minister Arvind Kejriwal's counsel in the civil and criminal defamation cases filed by Union finance minister Arun Jaitley against the CM.jethmalani

Following Kejriwal's denial of having instructed the lawyer to use derogatory language against Jaitley during court proceedings on May 17, the lawyer has written a letter to the CM, accusing him of using even more offensive language against Jaitley during private discussions on the case.

Jethmalani has asked Kejriwal to settle his legal fees amounting to more than Rs 2 cro5re. The lawyer used an offensive word, amounting to accusing Jaitley of being a criminal, during proceedings of the Rs 10-crore defamation case against Kejriwal and five other AAP leaders.

Jaitley asked Jethmalani if the word was spoken on his client's instruction. The lawyer replied in the affirmative and Jaitley filed another Rs 10-crore defamation suit against the CM.

Stung by the fresh defamation suit, Kejriwal filed an affidavit in Delhi high court and wrote a letter to Jethmalani saying he had not given any instructions for use of the derogatory word.

In his affidavit, Kejriwal said it was " inconceivable that he would even think of instructing the senior counsel to use such objectionable words". "Neither the defendant (Kejriwal) nor the counsel (Anupam Srivastava) briefing the senior counsel (Jethmalani) gave instructions to the senior counsel to use the objectionable words on May 17, 2017," Kejriwal said in the affidavit.

In response, after conveying his decision to quit as the CM's advocate, Jethmalani also told the CM to settle his legal fee, which, by a conservative estimate, would be over Rs 2 crore. The Delhi government had, this February, cleared a payment of Rs 3.5 crore to Jethmalani, which included Rs 1 crore as retainer and Rs 22 lakh as fee for each appearance in court.

However, the chief minister's office refused to comment on the matter, saying they "have no intimation on Jethmalani withdrawing from the case so far".

Jethmalani said, "Kejriwal has written a letter to me. I have replied to that. I am not going to divulge the details of either of the letters. You ask Kejriwal to make public both the letters. I have promised him not to make it public."

Sources said, in his letter, Jethmalani reminded Kejriwal about many conferences they had at the lawyer's residence and during which he had informed the CM about how PM Narendra Modi, impressed by his relentless fight against black money, had asked him to join BJP in 2010.

The letter also said the CM had shared the lawyer's anguish about BJP doing nothing to keep its election-eve promise to get back black money and deposit Rs 15 lakh in every Indian's bank account and how Jethmalani held Modi and Jaitley responsible for this.

During such conversations, Jethmalani alleged in his letter, Kejriwal had used even more objectionable words against Jaitley. The alleged use of derogatory words by Kejriwal during the conference appeared to have made Jethmalani repeat them during the May 17 proceedings before the HC registrar in the first defamation suit.

Jaitley had filed an application for expediting the recording of evidence in an orderly and fair manner in the first Rs 10-crore defamation suit against Kejriwal and the five AAP leaders for making allegations of corruption against him by them.

Comments

Rajarama Shetty
 - 
Thursday, 27 Jul 2017

Mr. Ramanath Rai is able & experienced .six time MLA..!! MOST SENIOR .dedicated CONGRESS MAN for more than 40 years?

Are there better candidates than him?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 3,2020

Kanpur,  Jul 3: A total of eight police personnel including Deputy Superintendent of Police Devendra Mishra have lost their lives after they were fired upon by criminals in the early hours of Friday.

The incident took place when a police team had gone to raid history-sheeter Vikas Dubey's house.

Senior Superintendent of Police and Inspector General of Police have reached the spot and forensics team is examining the area.

State Chief Minister Yogi Adityanath has expressed his condolence to the families of the eight Police personnel who lost their lives after being fired upon by criminals in Kanpur. He has directed Director General of Police HC Awasthi to take strict action against criminals. He also sought a report of the incident. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 30,2020

New Delhi, Mar 30: Prime Minister Narendra Modi on Monday interacted with Indian ambassadors and high commissioners abroad and urged them to remain alert to developments in global efforts against COVID-19 including breakthroughs to help the country's fight against the coronavirus.

External Affairs Minister S Jaishankar and Foreign Secretary Harsh Vardhan Shringla were also present during the interaction through video-conferencing.

"Coming together for India PM interacted with Indian Ambassadors/High Commissioners abroad and urged them to remain alert to developments in global efforts against COVID-19 including breakthroughs to help our national efforts to fight COVID19," External Affairs Ministry spokesperson Raveesh Kumar said in a tweet.

"PM appreciated the efforts of our missions in helping Indians abroad, in particular, students and workers," he added.

The number of positive coronavirus cases in the country stood at 1,071 on Monday. It includes 29 deaths and 99 people, who have been cured of the highly contagious virus.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.