CBI, IB hypocrisy: Gopal Subramanium was their top choice for cases

Over the last week, the country’s top two investigating agencies - the Intelligence Bureau and the CBI - have ‘red-flagged’ the appointment of former Solicitor General Gopal Subramnium as a Supreme Court judge, citing ‘personality oddities’ and ‘corporate links’. But while the two agencies have now found fault with him, both have widely used his services in top criminal cases. [caption id=“attachment_1589653” align=“alignleft” width=“380”]  Former Solicitor General Gopal Subramanium. IBNLive[/caption] Subramanium has been the lead counsel in critical criminal cases including the Italian marines case, the 1993 Bombay blasts case, the 26/11 attacks case as well as the 2001 Parliament attack case. While the CBI has raised questions about the former SG’s links in the 2G spectrum case, the Intelligence Bureau, which had earlier found no issue with Subramanium’s appointment, has now raised questions about his ‘odd behaviour’. According to a report in The Economic Times, the Intelligence Bureau report to the Law Ministry raised questions about Subramaniam’s ‘odd behaviour’ giving instances where it says Subramanium relied on his spiritual instincts rather than rational logic. Subramanium, who spent 35 days in Trivandrum and in the temple complex and exposed large-scale pilferage of gold from the temple vaults, submitted a 575-page report that he could not take the credit for discovering any of the misdeeds and that it was divinely ordained. “It was his morning ritual of (shutting) his mind and seeking guidance, which resulted in discoveries in this direction,” the report in the business daily said. The CBI had raised an objection to Subramanium stating that he had met the lawyer of former telecom minister and accused in the 2G case A Raja, inside his chambers along with CBI officials. Subramanium, however, in a letter to then telecom minister Kapil Sibal, has denied having met the lawyer. The CBI also sought to link Subramanium to corporate lobbyist Niira Radia, saying he had received favours from corporates, also an allegation he has denied. The BJP government has refused to comment on the row. “I don’t think it is appropriate for me as the law minister to make a comment on the matter. As far as Mr Gopal Subramanium’s public comment is concerned, we have no comment to offer,” Law and Justice Minister Ravi Shankar Prasad told reporters in New Delhi. But the reasons for the BJP to oppose Subramanium are not difficult to fathom. Gopal was assisting the Supreme Court which ordered a CBI inquiry into the Sohrabuddin fake encounter case after it was established by the court that the Gujarat Police, under the Modi regime, wasn’t inclined to conduct a fair investigation into the matter. Modi’s close aide Amit Shah, tipped to be the next BJP president, is an accused in the case. In his letter to the Chief Justice of India, Subramanium said it was quite obvious that the new government feared his independence. “I’m fully conscious that my independence as a lawyer is causing apprehensions that I will not toe the government line. This factor has been decisive in refusing to appoint me,” he said. “It’s a sad day for the judiciary that the judiciary has been compromised.” In an interview to CNN-IBN on Wednesday, Subramaniam said there was a continued character assassination and a malicious attempt to discredit him. “I am known to be utterly, utterly, utterly independent, which means I am inaccessible. No judge ever wants to be an unwelcome visitor to the bench,” he said. Subramanium has also received support from the legal fraternity with former CJI  SH Kapadia writing to Subramanium praising his integrity. “I have not come across a more competent, erudite and scholastic Law Officer as Gopal Subramanium. I say this with all authenticity at my command and not because you are my friend.” Former SC judge VR Krishna Iyer had earlier expressed “regret” over the government’s rejection and had appealed for a review of its decision. Iyer in a statement issued, said Subramanian’s installation as a judge would be an honour for the Supreme Court Bench. “To disallow him that post will be an indefensible disaster and disappointment, which the country need not suffer from at all. As a retired judge of the Supreme Court myself I regret this measure of the Prime Minister. I hope he will reconsider his decision. The country cannot afford to lose a sound and splendid lawyer who will adorn the Supreme Court Bench,” Iyer had said. Supreme Court lawyer Kamini Jaiswal in a discussion on CNN-IBN termed the whole issue as a case of fixing the apex court. “This is fixing par excellence. We have a fact and case in issue. You cannot ruin a man’s character. If he was not competent, five judges of the SC would not have recommended him. The fact that all the people who appeared for the government in cases have been awarded is evidence of that.” Questioning the motive of the government, Jaiswal said, “When you are independent and you are not ready to go with the tide, this is what happens.”