'Everyone Knows Who They Are': Mahesh Jethmalani Demands Action Against Lawyers Allegedly Facilitating Bribery

Senior Advocate Mahesh Jethmalani has called for serious introspection within the legal profession, saying the Bar must examine its own role in contributing to delays and corruption in the justice system.

Speaking at the 6th Ram Jethmalani Memorial Lecture in New Delhi, Jethmalani said corruption in the judiciary and tribunals could not take place without lawyers who facilitate bribery and manipulate the legal process.

“The Bar needs to seriously introspect on its own role in fomenting delay and corruption in our legal system. There cannot be corruption in the judiciary or tribunals without fixer lawyers who game the entire legal system by facilitating bribery. Everyone at the Bar knows who they are,” he said.

‘Fixer Lawyers’ Must Face Exemplary Action

Jethmalani alleged that the identities of lawyers acting as intermediaries in such practices were possibly already known to intelligence agencies.

He said their names should be shared with the Supreme Court Collegium, if this had not already been done, and called for strict action against those facilitating such practices.

“Their names are probably available to intelligence agencies and ought to be communicated to the Supreme Court Collegium, if not already done so. Exemplary action needs to be initiated against such lawyer middlemen,” Jethmalani said.

He stressed that the legal profession should instead reward lawyers who rely on their understanding of the law and the merits of their cases.

“The future of the Bar should belong to lawyers who believe only in winning their case on merits. In other words, the Bar should be a repository of lawyers who know the law and not the judge,” he said.

Jethmalani Flags Bar Council Functioning

Jethmalani also raised concerns over the functioning of the Bar Council of India (BCI), pointing to alleged delays in elections to various State Bar Councils and the subsequent reconstitution of the BCI.

He said it was a “crying shame” that details about prolonged delays in the electoral process had become public only through a petition before the Supreme Court.

Jethmalani also referred to an alleged attempt to extend the tenure of BCI Chairman and senior advocate Manan Kumar Mishra for five years, until 2030, instead of the two-year tenure prescribed under the relevant law.

He further referred to allegations in a pending Supreme Court petition concerning nepotism and corruption involving BCI officers, as well as an alleged attempt to retain control over a trust even after members cease to hold positions in the Bar Council.

Justice Yashwant Varma Episode Raises Transparency Questions

Jethmalani also discussed the episode involving Justice Yashwant Varma, in which cash was discovered after a fire at an outhouse at his official residence in Delhi.

Referring to the findings of the three-judge inquiry committee, Jethmalani said the Supreme Court had taken the right step by making the inquiry report public and allowing people to examine the evidence.

However, he said the episode raised broader questions about the extent to which information concerning the judiciary should be made public.

“How much should be made public, to what extent, and where does opacity begin?” he asked.

Jethmalani also referred to the fact that no FIR had been registered and that Varma was no longer in public service. He questioned how an investigation could be initiated under such circumstances and said an expeditious probe was the need of the hour.

Calls For Greater Transparency In Tribunals

Jethmalani also raised concerns over alleged corruption, delays and limited outcomes of complaints against judges, particularly in the subordinate judiciary.

He said excessive opacity could create scope for favouritism and argued that greater transparency was required across judicial institutions.

On tribunals, Jethmalani proposed the creation of a National Tribunal Data Grid on the lines of the National Judicial Data Grid. Such a system, he said, could include information on cases as well as complaints against tribunal members and improve transparency in their functioning.

He also pointed out that the approximately Rs 7,000 crore spent on the e-Courts project was directed towards courts and did not cover tribunals.

‘Justice Seen To Be Done’

Jethmalani made the remarks while delivering the 6th Ram Jethmalani Memorial Lecture, held in memory of his late father and veteran lawyer Ram Jethmalani.

The lecture was titled “Justice Seen To Be Done: Transparency and Public Trust as Pillars of the Legal System.” Chief Justice of India Surya Kant, Union Law and Justice Minister Arjun Ram Meghwal, Senior Advocate Harish Salve and other members of the legal fraternity attended the event.

The programme also featured an address by Tughlaq magazine editor Swaminathan Gurumurthy and a lecture by Harish Salve.

Jethmalani's address ultimately focused on the need for a fearless and ethically grounded Bar, greater institutional transparency and stronger public and media scrutiny of the legal system. His central argument was that professional credibility must rest on knowledge of the law, ethical conduct and the merits of a case, rather than personal access or influence.