Sidharth Luthra

Sidharth Luthra (Hindi: सिद्धार्थ लूथरा; born 16 February 1966) is a senior advocate at the Supreme Court of India. In July 2012, Sidharth Luthra was appointed as the Additional Solicitor General of India at the Supreme Court and represented the union and various state governments in matters relating to fundamental rights, electoral reforms, criminal law and policy issues.[1][2] He resigned from this position in May 2014.[3] He is the son of K.K. Luthra who was also a senior advocate.

Sidharth Luthra
Senior Advocate Sidharth Luthra
Born(1966-02-16)16 February 1966
Alma materCampus Law Centre, Faculty of Law, University of Delhi, University of Cambridge (MPhil)
OccupationSenior Advocate at the Supreme Court of India

Luthra specialises in criminal law, white-collar crimes and cyber frauds.[4] He studied law at the University of Delhi where he completed his LLB in 1990 and then did an MPhil in Criminology from the University of Cambridge in 1991.[4] He was conferred an Honorary Doctorate of Law by Amity University, Noida, India, in 2015.

Luthra represented former Union Minister of Finance, Late Shri Arun Jaitley in the criminal defamation lawsuit filed by him against the Chief Minister of Delhi, Mr Arvind Kejriwal.[5]

Luthra is also a member of the Delhi State Legal Services Authority and the Vice-President of the Indian Criminal Justice Society. He also sits on the advisory board of two Indian legal journals, the Delhi Law Times and the Delhi Reported Judgements. Luthra dedicates nearly 30 to 40 percent of his cases to pro bono.[6]

Apart from litigation, Luthra also teaches law in India and abroad. He is a visiting Professor at Northumbria University at Newcastle, United Kingdom[7] and an Honorary Professor at the Amity University, Noida, Uttar Pradesh.

Early life and education

Luthra studied sciences at Delhi Public School, RK Puram, followed by a BA in mathematics from Hindu College, Delhi in 1987.[2] He graduated with a law degree in 1990 from the prestigious Campus Law Centre of the Faculty of Law, University of Delhi. He then went to the University of Cambridge to pursue an MPhil in Criminology.[1][2] He is a fellow of the Cambridge Commonwealth Trust.

Career

One of the top criminal lawyers in the country, Luthra has been practising law for over two decades.[4][6] He joined the bar in 1991 and started working at Bhasin & Co where he practised civil law.[2] In 1993, he started working at his father's chamber but continued practising civil law. He also taught law at the Delhi University in 1996–97.[8]

After his father passed away in 1997, Luthra reinvented himself as a criminal lawyer under the mentorship of late Senior Advocate P R Vakil and took over his father's practice.[2]

Tehelka Case

In 2002, Luthra represented Tehelka Magazine before the Justice Venkataswami Commission which was constituted in the aftermath of the Operation West End sting operation. During the proceddings of the commission he cross-examined the then Union Defence Minister George Fernandes.[9]

Senior Advocate

Luthra represented the Government of India in the High Court of Delhi from 2004 to 2007 as a Senior Panel Counsel. He was designated as a Senior Advocate, a position that is conferred on merit to exceptional lawyers by the judges of the high court, in 2007. He moved his practice from the Delhi High Court to the Supreme Court of India in 2010.[8]

Justice Soumitra Sen Case

Luthra was appointed by the Government of India in 2009 as a counsel to assist the Judges Inquiry Committee in the Justice Soumitra Sen Case. The committee found Justice Sen guilty of misbehaviour under Article 124(4) (read with proviso (b) to Article 217(1)) of the Constitution of India.[10]

Facebook Case

In December 2011, Luthra was hired by Facebook for a criminal trial initiated by journalist Vinay Rai against 21 social networking sites in India including Facebook, Google and Yahoo.[11]

Tenure as Additional Solicitor General

In 2012, the Manmohan Singh government appointed Luthra to the post of the Additional Solicitor General (ASG). One of the biggest cases in his tenure as ASG was the proposed release of the seven convicts in the Rajiv Gandhi assassination case. The Tamil Nadu government had proposed to remit the sentence of life for the seven convicted for the assassination of Rajiv Gandhi release them after their death penalty was commuted to sentence of life by the Supreme Court in 2014.[12] The then Attorney General of India, late senior advocate Goolam Essaji Vahanvati, the then Solicitor General senior advocate Mohan Parasaran and Luthra swiftly moved a writ petition to the Supreme Court on behalf of the Union Government challenging the power of the Tamil Nadu government to remit the sentences of the convicted Sriharan alias Murugan and six others.[13] The remittance was put on hold by the Supreme Court which in a later sentence in December 2015, held that a state government has no suo motu power to remit sentences of persons who were convicted under a central Law and cases investigated by the CBI.[14]

Luthra also represented Central Bureau of Investigation, India, in the Dr. Subramanian Swamy vs Director, CBI, case in 2013–14 in which the constitutional validity of Section 6A of the Delhi Special Police Establishment Act, 1946 ('the DSPE Act') was at issue.[15][16] A Constitution Bench comprising Chief Justice R.M. Lodha and Justices A.K. Patnaik, S J Mukhopadhaya, Dipak Misra and F M Ibrahim Kalifulla held that Section 6A of the DSPE Act that granted protection to joint secretary and above officers from facing even a preliminary inquiry by the CBI in corruption cases, was violative of Article 14 of the consititution and thus constitutionally invalid, a decision that was welcomed by the CBI.[15]

Recent Cases

Luthra represented WhatsApp in a public interest litigation case filed against it in September 2016 in the Delhi High Court by two students regarding its new privacy policy.[17]

Luthra is currently representing the Union Minister of Finance Arun Jaitley in the criminal defamation lawsuit filed by him against the Chief Minister of Delhi, Arvind Kejriwal. Arun Jaitley has also filed a civil defamation case against Arvind Kejriwal.[18] The Supreme Court in November 2016 declined Kejriwal's appeal to stay the criminal defamation proceedings.[19]

In 2016, Luthra represented the Chief Minister of Andhra Pradesh, Mr. N. Chandrababu Naidu in the 2015 Cash For Vote Scam case.[20] On 9 December 2016, the Hyderabad High Court set aside the order passed by the Special Anti-Corruption Bureau (ACB) court that directed the Telangana Anti-Corruption Bureau to conduct a probe into Mr Naidu's role in the cash for vote scam case.[21]

Luthra also served as the special public prosecutor in the Nirbhaya gang rape case. The final verdict on the case was delivered by the Supreme Court on 5 May 2017, where it upheld the death sentence for all the four convicts that were sentenced to death by the trial court in September 2013.[22]

As Amicus Curiae

In addition to his litigation work, Luthra is assisting the Supreme Court of India as amicus curiae in the matter of criminalisation of politics which is due to be heard by the constitution bench of the Supreme Court.[23] The said matter was referred to a constitution bench of the Supreme Court by a bench comprising Justices A K Sikri and R K Agrawal examining an appeal filed by the Uttar Pradesh government challenging Allahabad High Court order for constituting a committee of eminent persons to suggest ways and means to check criminalisation of politics. Luthra told the bench that the police and the Central Bureau of Investigation should be made immune to political influence so that the criminal trials against politicians can be expedited.[23]

Publications
Year Title Newspaper/Publisher Notes
20202 lockdown violations that reveal the weak spot of Indian State[24]Hindustan TimesPublished on 8 April 2020, co-authored with Ketaki Goswami
2020Disaster management: Gaps in our responses to battle Covid-19[25]The Times of India BlogPublished on 3 April 2020, co-authored with Ketaki Goswami
2020Next 24 hours are crucial for the migrant workers. States must act now[26]Hindustan TimesPublished on 30 March 2020, co-authored with Ketaki Goswami
2020Relevance of century-old legislations in India’s fight against Covid-19[27]The Times of India BlogPublished on 28 March 2020
2020As communal riots exploded in Delhi, elected representatives were missing on the ground when residents needed them most[28]The Times of India BlogPublished on 14 March 2020
2018Delhi Government Versus LG: The Bicycle Ride That Is Delhi[29]Bloomberg QuintPublished on 8 July 2018
2017Sidharth Luthra: On the early struggle of being a lawyer[30]Too Fool for SchoolPublished on 22 October 2017
2017Ask Partition victims what it means to be a refugee[31]Hindustan TimesPublished on 18 October 2017
2017Put the victim at the centre of the justice system[32]Hindustan TimesPublished on 4 September 2017
2017Crime and Sentencing[33]Indian Journal of Constitution and Administrative LawPublished in 2017, co-authored with Supriya Juneja
2016Rape: Violation of the Chastity or Dignity of Woman? A Feminist Critique of Indian Law[34]Torkel Opsahl Academic EPublisherPublished on 27 June 2016
2016Epilogue for Climate Change – Law, Policy and Governance[35]Eastern Book CompanyPublished in 2016
2015Single Mothers, Absent Fathers and the Best Interests of the Child: Drawing a Fine Balance in the ABC Case[7]Oxford Human Rights HubPublished on 16 July 2015
2015A Balancing Act – Protection Privacy and Permitting SurveillanceSSC online and Student Law JournalPublished in 2015
2014The Speed of Justice[36]The Indian ExpressPublished on 7 April 2014
2014Right to Silence[37]Times of IndiaPublished on 3 February 2014
2013The Power of a Short Message[38]The Indian ExpressPublished on 21 June 2013
2006Is it Time to Revisit K.M. Mathew Case?[39]Eastern Book CompanyPublished in 2006

Contributions

Luthra contributed to the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations—A Study and Proposed Amendments[40] report and the Amendments to Criminal Procedure Code, 1973 – Provisions Relating to Bail[41] report released by the Law Commission of India in August 2015 and May 2017 respectively.

Honours

Luthra was conferred an Honorary Doctorate of Law by Amity University, Noida, India, in 2015.

K.K. Luthra Memorial Moot Court

Luthra and the Delhi University Campus Law Centre organise the K.K. Luthra Memorial Moot Court, an international moot court competition every year in memory of Luthra's late father Mr. K.K. Luthra.[42][43][44]

References
  1. "Breaking: Senior counsel Sidharth Luthra accepts ASG appointment". Legally India. 6 July 2012. Retrieved 21 May 2013.
  2. "The Debrief: ASG Sidharth Luthra on creativity, criminals, success and tea with kindly judges". Legally India. 1 August 2012. Retrieved 21 May 2013.
  3. "Law officers line up to resign". The Times of India. 21 May 2014. Retrieved 30 November 2016.
  4. "Criminal law is a great career option for students: Sidharth Luthra". Hindustan Times. 29 May 2015. Retrieved 30 November 2016.
  5. "Arun Jaitley files defamation case against Kejriwal, next hearing on January 5". India Today. 21 December 2015. Retrieved 1 December 2016.
  6. "How much do Delhi's top advocates charge?". Livemint. 16 September 2015. Retrieved 30 November 2016.
  7. "Single Mothers, Absent Fathers and the Best Interests of the Child – Drawing a Fine Balance in the ABC Case: Sidharth Luthra and Viraj Gandhi". Oxford Human Rights Hub Blog. 16 July 2015.
  8. "Get a Glimpse – Courting an exciting career". Livemint. 4 January 2015. Retrieved 30 November 2016.
  9. "Tehelka trials". Frontline. 6 July 2002. Retrieved 30 November 2016.
  10. "SC panel finds Sen guilty of misbehaviour". The Times of India. 11 November 2010. Retrieved 30 November 2016.
  11. "Govt sanctions prosecution of Google, Facebook". News18. 13 January 2012. Retrieved 30 November 2016.
  12. "Rajiv Gandhi's killers will be freed if Centre doesn't respond in 3 days: Jayalalithaa". NDTV. 20 February 2014. Retrieved 30 November 2016.
  13. "Kin of Rajiv Gandhi case convicts swing between hope and despair". India Today. 28 February 2014. Retrieved 30 November 2016.
  14. "Centre, not state, has 'primacy' in release: SC". The Hindu. 2 December 2015. Retrieved 30 November 2016.
  15. "No sanction needed for CBI to probe bureaucrats: SC". The Hindi. 7 May 2014. Retrieved 30 November 2016.
  16. "Sanction provision perpetuates corruption, says Supreme Court". The Hindu. 7 February 2014. Retrieved 30 November 2016.
  17. "WhatsApp defends privacy policy in Delhi High Court". Livemint. 14 September 2016. Retrieved 30 November 2016.
  18. "Arun Jaitley defamation suit: Delhi HC reserves judgment on Kejriwal plea for stay". The Indian Express. 26 July 2016. Retrieved 30 November 2016.
  19. "SC declines to put on hold Jaitley's defamation case against Kejriwal". Hindustan Times. 22 November 2016. Retrieved 30 November 2016.
  20. "HC breather for Naidu in cash-for-vote case". The Hindu. 3 September 2016. Retrieved 9 December 2016.
  21. "Relief to AP CM Chandrababu Naidu in cash-for-vote case". The New Indian Express. 9 December 2016. Retrieved 9 December 2016.
  22. "2012 Delhi gang rape verdict Highlights: SC confirms death to all 4 convicts, says this will set an example". Hindustan Times. 5 May 2017. Retrieved 5 May 2017.
  23. "How to stop criminalisation of politics? SC constitution bench to decide". The Times of India. 10 March 2016. Retrieved 30 November 2016.
  24. "2 lockdown violations that reveal the weak spot of Indian State". Hindustan Times. 8 April 2020. Retrieved 8 April 2020.
  25. "Disaster management: Gaps in our responses to battle Covid-19". The Times of India Blog. 3 April 2020. Retrieved 8 April 2020.
  26. "Next 24 hours are crucial for the migrant workers. States must act now". Hindustan Times. 30 March 2020. Retrieved 8 April 2020.
  27. "Relevance of century-old legislations in India's fight against Covid-19". The Times of India Blog. 28 March 2020. Retrieved 8 April 2020.
  28. "As communal riots exploded in Delhi, elected representatives were missing on the ground when residents needed them most". The Times of India Blog. 14 March 2020. Retrieved 9 April 2020.
  29. "Delhi Government Versus LG: The Bicycle Ride That Is Delhi". Bloomberg Quint. 8 July 2018. Retrieved 8 July 2018.
  30. "Sidharth Luthra: On the early struggle of being a lawyer". Too Fool for School. 22 October 2017. Retrieved 24 October 2017.
  31. "Ask Partition victims what it means to be a refugee". Hindustan Times. 18 October 2017. Retrieved 24 October 2017.
  32. "Put the victim at the centre of the justice system". Hindustan Times. 4 September 2017. Retrieved 7 September 2017.
  33. Crime & Sentencing (PDF), Indian Journal of Constitution and Administrative Law, 2017, retrieved 16 August 2017
  34. Rape: Violation of the Chastity or Dignity of Woman? A Feminist Critique of Indian Law, Torkel Opsahl Academic EPublisher, 27 June 2016, retrieved 1 December 2016
  35. Epilogue for Climate Change – Law, Policy and Governance, Eastern Book Company, 2016, retrieved 30 November 2016
  36. "The Speed of Justice". The Indian Express. 7 April 2014. Retrieved 30 November 2016.
  37. "Right to Silence". The Times of India. 3 February 2014. Retrieved 30 November 2016.
  38. "The Power of a Short Message". The Indian Express. 2 June 2013. Retrieved 30 November 2016.
  39. Is it Time to Revisit K.M. Mathew Case, Eastern Book Company, 2016, retrieved 1 December 2016
  40. Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations—A Study and Proposed Amendments (PDF), Law Commission of India, August 2015, retrieved 15 August 2017
  41. Amendments to Criminal Procedure Code, 1973 – Provisions Relating to Bail (PDF), Law Commission of India, May 2017, retrieved 15 August 2017
  42. "Breaking: Senior counsel Sidharth Luthra accepts ASG appointment". Legally India. 6 July 2012. Retrieved 30 November 2016.
  43. "In Conversation with winners of 12th K.K. Luthra Memorial Moot Court Competition". Live Law. 11 March 2016. Retrieved 30 November 2016.
  44. "Moot court at DU Law Centre from January 13". The Hindu. 11 January 2016. Retrieved 14 January 2017.

1. Delhi Government Versus LG: The Bicycle Ride That Is Delhi

2. Sidharth Luthra: On the early struggle of being a lawyer

3. Ask Partition victims what it means to be a refugee

4. Put the victim at the centre of the justice system

5. Crime and Sentencing

6. Rape: Violation of the Chastity or Dignity of Woman? A Feminist Critique of Indian Law

7. Epiloguge for Climate Change – Law, Policy and Governance, Usha Tandon (Editor)

8. Single Mothers, Absent Fathers and the Best Interests of the Child: Drawing a Fine Balance in the ABC Case

9. The Speed of Justice

10. Right to Silence

11. The Power of a Short Message

12. Is it Time to Revisit K.M. Mathew Case?

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