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Jethmalani proud of Mandal case victory

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March 14, 2007 10:51 IST

Noted lawyer Ram Jethmalani, who recently received flak for defending Jessica Lal murder case accused, has won many a legal battles, but he values the victory in the Mandal case in 1990s as something special.

Now a Rajya Sabha member, the law minister in the erstwhile National Democratic Alliance government, also accuses the ruling Congress of being "always" opposed to the Mandal recommendations.

"I have appeared in many cases. I have won some and lost many. My success rate is low. I was never proud of victories, but the one in the Mandal case, I am proud of that," Jethmalani said at a seminar on 'Social Justice to OBCs' in Delhi on Tuesday.

Jethmalani, who appeared for the pro-Mandal lobby in the Supreme Court, used all his experience to blunt the arguments of eminent jurist Nani Palkiwala of the Keshavananda Bharti case fame who argued against 27 per cent quota for OBCs.

"On the pro-Mandal side, practically I was the only lawyer. On the other side, it was Palkiwala who I think is a great lawyer, an exceptional talent in matters relating to Constitution and Income Tax.

"For Congress, its leader and my friend Vasanth Sathe wore the lawyer's black gown and sat on the other side to tell the country that they were against the Mandal report. Congress was always against Mandal," he claimed.

Hailing Palkiwala for his efforts in ensuring that the basic structure of the Constitution cannot be tampered, Jethmalani said, the eminent jurist did a "disservice" to the country by appearing for the anti-Mandals in the apex court.

"It was Palkiwala who ensured that Parliament cannot tamper with the basic structure of the Constitution. His arguments in the Keshavananda Bharti case saved Indian democracy and Constitution," he added.

"It was Palkiwala who ensured that you cannot distort, defile, destroy and annihilate the Constitution using a two-third majority in Parliament," Jethmalani said.

Recalling his days when he came to India as a refugee during the Partition, he said, "I am a Dalit. I was socially and economically weak. I came here with a Rs 10 note. I started my life in India in a refugee camp. Nobody liked us and respected us then."

About his success as a lawyer, he said he was lucky enough to get support from people which unfortunately "more deserving people did not get."

Countering anti-quota arguments, Jethmalani said he would prefer a person who has 15 per cent more integrity of character compared to someone who has 15 per cent more marks in his studies.

He said those who are not equal should not be treated as equals. "This in itself is an inequality. For the last 57 years, no Dalits have ruled the country. Only the so-called meritorious people had the opportunity to rule the country. But what is the fate of the country? You see only inequality, corruption and poverty," he said.

"Reservation is a compensation for the historical injustice meted out to the underprivileged for hundreds of years," he added.

He also brushed aside apprehensions that the Supreme Court verdict on the Ninth Schedule would act as a dampener on providing reservations.

"There is nothing to be afraid about the judgment on the Ninth Schedule. Providing quotas is a basic feature of the Constitution and you cannot alter it," he added.


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