How Gopal Subramanium destroyed his case by his own adverse and irrational comments ?

MK Venu, the Executive Editor of Amar Ujala Group chose to blast the BJP by saying that "the manner in which the BJP government blocked Subramanium's nomination to the Supreme Court is a harbinger of how it will possibly use its brute power in the near future. Clearly, the issue goes beyond an individual judge now and the whole episode could even be an early sign of what might be described as the "Gujaratisation" of the highest judiciary. 

It is plain to the naked eye that sheer use of political power by the Gujarat executive in the past ten years had resulted in a certain loss of public confidence in the entire investigation and judicial system in that state. It was that loss of confidence that had resulted in many critical cases -- starting from those of the riot victims -- being transferred by the Supreme Court to places outside the state. If such a thing were to happen countrywide, god alone knows where this will lead us. One hopes better sense will prevail among those wielding the levers of power".

He venomously reasoned that "there couldn't have been a more crude and small minded approach by the State apparatus to put down a candidate's nomination as a judge of Supreme Court. The campaign of innuendos by CBI and Intelligence Bureau against Gopal Subramanium has indeed left a bad taste and will not enhance the image of the government".

INDIA HONEST says in spite of whatever transpired in this case in last one month, it is beyond doubt that whatever Gopal Subramanium has said himself in this case has justified the BJP government for not endorsing him for appointment as a judge of the Supreme Court. 

Though the official sources rebutted Gopal's allegation and said,“The government does not have the final say in the appointment of judges. But as a stakeholder in the consultation process, (it) was entitled to be consulted and express its views. This is so elementary and he has spent enough years in the profession to realise this. He is raising the bogey of the Sohrabuddin case only to turn the attention away from serious concerns about his eligibility to be on the bench of the top court,” .

The sources denied Subramanium’s claim that IB had in a report to the Chief Justice of India on May 15 cleared him before reversing itself, while stating the exact opposite that IB had said in its report that Subramaniam was keen on being involved in the 2G case even after he had been taken off it because of CBI’s protest and further accused that Subramaniam,the then solicitor general,had tried to get its officers on the 2G case to attend a meeting with the counsel of former telecoms minister A Raja.

The sources further said that the government referred IB’s ‘negative’ report on Subramaniam to CBI after the bureau itself suggested that the investigative agency’s views on the former law officer’s handling of sensitive cases should be sought and the CBI in its report reiterated its deep dissatisfaction with Subramanium’s conduct in the 2G cases, stating that he continued to show undue interest even when he ceased to represent the matter.

The sources further revelled reference to the Niira Radia tapes, suggesting the controversial corporate lobbyist helped Subramanium use the swimming pool of a luxury hotel in the New Delhi area, and said the tapes had been authenticated by CBDT. The references to Subramanium’s conversations with Radia clearly displayed a certain proximity and did not bear out the requisite distance a law officer is expected to maintain.

INDIA HONEST  has a view that even after all the above negative verdict on Gopal Subramanium, the most important moral ground on which his case is destroyed by his own comments : a) that the BJP government wants only to put the friends in the Supreme Court ; b) the allegation that the BJP government had not endorsed him for appointment as a judge of the Supreme Court because of his role in prosecuting the Sohrabuddin ‘encounter’ case.

One may be surprised to note the extent of lowering  down of the integrity of a person, specially one who intends to be the judge of the highest court of the nation ,one who indirectly accuses the other members of the  SC collegium, as being selected only because they are friends of the BJP  government.

Again Gopal Subramanium, who is nourishing a hidden grudge in his mind that he will not be liked by the government for his past role , will be bound to hamper his capabilities to perform his duties as a judge in the court. Subramanium's assertion ( who had assisted the SC in the Sohrabuddin case in which Modi’s aide Amit Shah is an accused) that he was being ‘targeted’ because of his independence and integrity is a self defeating indictment on his capacity to work as a free judge.

Moreover the former solicitor general’s accusation that the Narendra Modi government was ordering CBI to “scrounge” for “dirt” against him to scuttle his elevation, is deeply regrettable from a candidate for the post of the highest court's judge . It is morally bad and unethical for the mindset of a would be judge, to be primarily  against the central government.