[SCBA Elections] Kapil Sibal: “From a Refugee Family, Not From the Elite”

Yesterday (May 15^th), six lawyers vying for the position of President of the Supreme Court Bar Association (SCBA) engaged in a debate, each presenting their case for why they should be elected to this prestigious office. Kapil Sibal a prominent voice at the event: “during my earlier tenures did I ever talk about politics in the courtroom? Never.”

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NEW DELHI: On Wednesday (May 15th), six lawyers vying for the position of President of the Supreme Court Bar Association (SCBA) engaged in a debate, each presenting their case for why they should be elected to this prestigious office.

The candidates for the SCBA President are Senior Advocates Adish C Aggarwala (the incumbent President), Kapil Sibal, Priya Hingorani, and Pradeep Kumar Rai, as well as Advocates Neeraj Srivastava and Tripurari Ray.

Aggarwala began the debate with a speech delivered in Hindi, emphasizing the democratic nature of the SCBA’s administration.

“Pichli baar aap ne jitaya tha. Jab main power mein ata hu toh kranti aa jata hain. Sibal Saab has rahe he, unko toh laya gya hain. Mere jeetne k baad hi application lagaya gya ki rule change kia jaye. Hamari EC Adish Aggarwala ki nahi hain but vahan chalti hain majority ki, Adish last mein vichar daalte hain. Maine kahan ni free car stickers ko jab mere treasurer ne kahan ki paise lagenge. Toh sab ke vaade ram bharose rakho,”

-he said.

(Translation: Last time you all helped me win. Whenever I come to power, there comes revolution. Sibal sir is laughing because he has been brought here. After my victory, an application was filed to change the rule. Our Executive Committee (EC) is not solely of Adish Aggarwala but of the majority. Adish gives his point of view at the end. I said I won’t charge for the free car stickers when my Treasurer said money would be spent. So, leave everyone’s promises at the mercy of God.)

Aggarwala emphasized,

“Whenever I come to power, there comes revolution.”

Next, Priya Hingorani took the stage, highlighting the importance of having a President who is apolitical and proactive in addressing the needs of the SCBA.

“I have stood by the Bar and it also stood together during the pandemic. I am grateful to all who contributed during that time. Lot of issues have come up in the last three months…Issues cannot be addressed by one person, but the EC and the general body. Unfortunately, we haven’t had a general body meeting for long to discuss and put plans in action. We should have one every three months. We need a hands-on President who is apolitical and has time. That’s my USP. I am here for all of you, like (I have been) in the last 35 years. We should not be holding elections in this heat, but in winter months when it is comfortable for everyone else. I wish all the candidates the best for being brave and cordial,” she said.

Hingorani stated,

“We need a hands-on President who is apolitical and has time. That’s my USP.”

Pradeep Kumar Rai assured the voters that he would uphold the Constitution and prevent any misuse of the SCBA for political gains.

“I have never been part of any political party. SCBA is a family to me. I am committed to prevent its misuse for personal and political gain. My aim is to uphold the Constitution. The Chief Justice of India has agreed for plan of 9-storey chamber building. We will restart construction of that in ITO plot. We all know canteen is not in good shape. I already have a fool-proof plan. I had talked to Railway Ministry. They have agreed to run the canteen but unfortunately, it could not happen, but it has to. Waiver of chamber rent, I had requested CJI Ramana and he had approved. Our library is world class,” Rai said.

Pradeep Rai emphasized his deep connection to the SCBA, stating,

“SCBA is a family to me. I am committed to prevent its misuse for personal and political gain.”

His statement reflects the dedication many members have towards maintaining the association’s integrity.

Tripurari Ray, echoing these sentiments, voiced his worries about elitism within the Bar.

“I am concerned by elitism and how it has taken away right of equal treatment for those in the Bar without connections in high places,” he said.

Ray elaborated on the disturbing trends affecting the Bar, noting that the involvement of the Court and Registry in Bar elections was alarming.

“Disturbing trend that Court and Registry had to be involved in this election. Should not be repeated, we hope. We might as well say goodbye to the Bar then,” he remarked.

Ray also highlighted the Bar’s critical role in overseeing the Bench and ensuring that judgments align with the Constitution. He lamented the lack of critical analysis of judgments over the past 35 years, stating,

“Bar always has responsibility to check what is going on in the Bench, whether judgments are according to the Constitution. Last 35 years, the judgments have never been critically analysed and no results have been passed.”

He further expressed concerns about the perceived weakness of the Constitution, particularly in light of Article 32 and its application.

“Constitution appears to be a weak law. Anyone can approach (the Supreme Court) under (Article) 32. Article 370, I will give as example – but what is the fundamental right dilated, is the question. I would say that not even a single (right) was violated.”

Senior Advocate Kapil Sibal also spoke passionately about the duty of lawyers to stand up for citizens and the Constitution. He emphasized that his motivation for seeking office was not financial but to address the degradation of the legal profession.

“I came to this Court with no senior back in the day. So those who say I do not understand young people’s problems…By dint of hard work we rose,” he said.

Sibal stressed the fundamental duty of lawyers to protect the rule of law and the Constitution.

“What is the fundamental duty of a lawyer? We are here to protect the rule of law and the Constitution. It involves that I recognised each one of you, not by your affiliation, political or otherwise, but the black coat that you wear,” he explained.

He further highlighted the importance of pro bono work and representing the marginalized, stating,

“We are not here to make money. We do a lot of pro bono work because we know not many will represent the poor and marginalized. I have done that many times. I need this office for what? Money? No. I have come after 21 years because I can see the degradation before my own eyes – how the legal fraternity is being treated and the Registry is not following the law.”

Responding to criticisms about his background, Sibal shared his personal history, emphasizing his accessibility and commitment to all members of the Bar.

“I am from a refugee family, not from the elite and we shall continue to represent those who need a voice. You ask anybody – during my earlier tenures did I ever talk about politics in the courtroom? Never. Because I believe it should be kept outside the courtroom,” he said.

He challenged anyone to provide examples where he was not accessible during his previous terms as President.

“Was I not accessible when I was President three times? Give me examples in the last 50 years that I ever closed the door for any member of the Bar. Did I ever not work for a politician who did not belong to my party? We are here for the country,” Sibal concluded.

Kapil Sibal, a prominent voice at the event, emphasized his commitment to representing marginalized communities.

“I am from a refugee family, not from the elite, and we shall continue to represent those who need a voice. You ask anybody—during my earlier tenures did I ever talk about politics in the courtroom? Never.”

The final speaker for the evening, Advocate Neeraj Srivastava, assured voters of his dedication to the welfare of the Bar and resolving conflicts between the Bar and the Bench.

“I endorse everything that was said. Main sabhi se kehna chahta hu ki jo kuch bhi Bar and Bench mein differences aye hain, main voh kam karunga. Bar ki welfare ke liye kaam karne ka vaada karta hu,” he said.

(Translation: I want to assure everyone that I will strive to reduce the differences between the Bar and Bench. I promise to do whatever is necessary for the welfare of the Bar).

He reiterated,

“I promise to do whatever is necessary for the welfare of the Bar.”

The debate was moderated by Senior Advocate Meenakshi Arora.

With the SCBA elections set for tomorrow (May 16), Senior Advocate Jaideep Gupta closed the event with a crucial reminder to all lawyers about maintaining the Supreme Court’s decorum during the election process.

“Model Code of Conduct is still in place. You should not bow and do namaskar in the corridors, because we know what you are doing. Tomorrow no one will impede the working of the Court. Elections tomorrow from 10 AM till 5 PM in library 1. We request everybody not to take photos in the library,” he said.

The SCBA elections will take place today, from 10 AM to 5 PM, in library 1.

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