I strongly disagree with the letter dated 23-10-2014 written by Mr. Ram Jethmalani to Finance Minister of India. He is too eager to get the names of foreign bank account holders, which is but natural, but I believe his frustration in the delay seems to get the better of him. Being a leading lawyer, practicing for over 70 years now, I believe should have sobered him to realize that delay in judicial proceedings is part of our Indian system and any hurry is to bury justice. First disagreement is with regard to signing as an “Expelled member of B.J.P.” His letterhead does not state his qualification as “Expelled member of B.J.P” so why use this qualification for signing off. Does Mr. Jethmalani desire to bad mouth the political party because of whom he has been nominated to the Rajya Sabha many times in the past?? If so, is this not his personal desire, and if it is, how is this linked to foreign bank account holders?? Second disagreement is with regard to writing letter to the Finance Minister. When proceedings with regard to foreign bank account holders are pending in the Supreme Court, as litigant, is Mr. Jethmalani justified in questioning the Respondent directly?? I do not think so. He could have easily given his submissions in writing to the Supreme Court, objecting strongly to the application filed by the Government, but what purpose will be served by writing his objection directly to the Finance Minister? I, as a lawyer, do not agree with this stance. When matters pending in court, the reply should have been in the Court and not to the Minister. Third disagreement is with regard to sharing the letter to all and sundry. Throughout his legal career, we young lawyers have heard arguments by Mr. Jethmalani that when matters are in court, media should not intervene. Media trail should be stopped. But when he himself is a litigant, as Petitioner in the case, has chosen to object through the public so that media discusses his case. Why the contradiction in Mr. Jethmalani’s views as lawyer and his views as litigant? Fourth disagreement is with regard to calling himself intellectually and morally superior. This is the ego of Mr. Jethmalani speaking. Nobody has adjudged Mr. Jethmalani as intellectually and morally superior. Yes, he is a very senior and knowledgeable lawyer, much respected by myself. But he cannot call himself intellectually and morally superior. Intellect and morality is a gift of god and is distributed across the humanity. Fifth disagreement is with regard to the hurry to know the names. Yes, as a citizen of India, even I want to know who are the foreign bank account holders who have concealed their wealth, illegally, in foreign bank. But more important is to get the money back, and not exposing it to any loophole, which will be exposed much much later, at the time of judgment. We in India know that legal processes take an awfully lot of time, and I do not mind waiting more to get the money back in India. Patience is the key to success and I do not want to follow the concept of hurried justice as it may result in justice buried. Others may have other issues of disagreement, they are entitled to it, some may agree with Mr. Jethmalani’s views. But I differ with Mr. Jethmalani in this letter dated 23-10-2014. I prefer to go with the government and will humbly submit that the Government of India may take whatever time is necessary to get the money into India or release the names. The target for me is to get the money, not release the names. No benefit is going to accrue with release of names but benefit will come only when actual money comes. So, no hurry in releasing names, is my humble submission.
Posted on: Sat, 25 Oct 2014 15:18:46 +0000
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