Gopal Sankaranarayanan

Gopal Sankaranarayanan is an Indian lawyer practicing at the Supreme Court of India.[1] He was designated as a senior advocate by the Supreme Court of India in March 2019.[2] He is known for his specialization in Constitutional law.[3] He served as the secretary of the Lodha Committee, appointed by the Supreme Court of India in 2015 to bring about reforms in cricket administration in India.[2][4] He has provided assistance to the Supreme Court as an Amicus curiae (friend of the court) in numerous cases. In April 2022, the Supreme Court appointed him as Amicus curiae to assist in the finalization of the Constitution of the All India Football Federation (AIFF).[5]

Gopal Sankaranarayanan
NationalityIndian
Alma materNational Law School of India University
London School of Economics
Occupation(s)Lawyer, Writer
Known forSenior Advocate at the Supreme Court of India
SpouseHaripriya Padmanabhan
Children3

Education

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He graduated from the National Law School of India University, Bangalore, in 2001, and subsequently pursued a Master's degree in Criminology from the London School of Economics.[6]

Career

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Sankaranarayanan started his career assisting senior advocate K. K. Venugopal (former Attorney-General for India).[6] He assisted in drafting the Constitution of the Kingdom of Bhutan.[7] In April 2019, Sankaranarayanan was appointed as a Senior Advocate of the Supreme Court.[2] His legal practice involves a significant amount of pro bono work and public interest litigation, addressing issues such as electoral independence, right to water, marital rape, man-animal conflict, clean air in India, and tree protection.[8][1][9][10]

Sankaranarayanan served as a special counsel for the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in various cases, including those related to the 2G Scam.[11] In 2014, Dr.Subramanian Swamy vs Director, CBI & Anr, Gopal successfully advocated before the Supreme Court for the invalidation of Section 6-A of the Delhi Special Police Establishment Act, which provided discriminatory protection from prosecution to specific categories of public servants.[12]

In the Shreya Singhal case, Sankaranarayanan's legal arguments played a key role in the nullification of both Section 66-A of the Information Technology Act, 2000 and Section 118 of the Kerala Police Act.[13][14][15]

Sankaranarayanan is a co-founder and executive member of Care For Air, an independent volunteer organization, which he founded for raising awareness about clean air in the National Capital Region.[1] In 2015, he filed a petition on behalf of three infants in the Supreme Court.[16] This led to the urgent adoption of BS-VI compliance by the Government of India, bypassing the BS-V norms.[17][18] In November 2021, Sankaranarayanan wrote an open letter to the judges of the Supreme Court, calling for a thorough hearing on the issue of air pollution.[19][20]

In September 2019, NLSIU students ended their protest after Sankaranarayanan served as an emissary to the Chief Justice of India, resolving issues regarding the non-appointment of the new Vice-Chancellor.[21]

He provided pro bono representation for Rajiv Gandhi Assassination case convict A. G. Perarivalan for 6 years, resulting in his release from the Supreme Court in May 2022.[22] Some of the politicians he has represented in court include Suvendu Adhikari,[23] Omar Abdullah[24] and Mahua Moitra.[25] He was part of various notable cases concerning Entry of women to Sabarimala,[26] institutional reservations,[27] and the validity of the Aadhaar scheme.[28][29]

He has served as the spokesperson of the Bar Council of India[30] and as the Convenor of the All India Bar Examination.[31]

Sports reform in India

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In January 2015, the Supreme Court directed the formation of a high-level committee led by former Chief Justice of India Rajendra Mal Lodha to bring reforms to the Board of Control for Cricket in India (BCCI), the regulatory body for Indian cricket. Sankaranarayanan was appointed as the secretary of the Lodha Committee, assisting in the preparation and drafting of the report. The committee's report led to significant changes in the BCCI, which were accepted by the Supreme Court. However, both Lodha and Sankaranarayanan later expressed reservations about the rollback of certain reforms.[32][33][34][4][1]

In 2018, Sankaranarayanan represented the Committee of Administrators of the Archery Association of India, defending the electoral process conducted by former Chief Election Commissioner, S. Y. Quraishi before the Supreme Court.[35]

In 2022, Sankaranarayanan represented Aslam Sher Khan, a former Olympian hockey player in the Delhi High Court, highlighting concerns about the mismanagement of Hockey India. This led to the formation of a three-member Committee of Administrators and the development of a new constitution for the association.[36][37]

Amicus curiae

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He has been appointed as an Amicus Curiae (friend of the court) by the Supreme Court of India to assist the court in various cases. He was Amicus Curiae in the People's Union for Civil Liberties vs. Union of India case.[38] In 2019, the Supreme Court appointed him as amicus curiae to assist in finalizing the Constitution of the All India Football Federation.[5] In 2021, he assisted the Court in ensuring proper staffing and infrastructure for consumer dispute tribunals.[39] As Amicus, he also assists in the hearings concerning regulation of media briefings by the police.[40]

He also fulfilled amicus roles, providing reports on various matters such as consumer disputes involving former Minister Rajyavardhan Singh Rathore,[41] farmer distress in Tamil Nadu,[42] and the allocation of public property to former Chief Ministers of Uttar Pradesh.[43] In April 2022, Sankaranarayanan was appointed as an amicus to address the proliferation of illegal colonies in India and propose potential solutions.[44]

Publications

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Sankaranarayanan has contributed to three official book publications of the Supreme Court of India, which includes The Constitution at 67 (2017),[45] Courts of India: Past to Present (2016), and The Restatement of Contempt Law (2011).[46] He contributed as the editor of the coat pocket edition of the Constitution of India, which was published by the Eastern Book Company. It received positive reception, and its 15th edition was released in 2023.[47]

He also contributed to the anthology India's Long Walk Home (2020), addressing the environmental degradation and the impact of COVID-19 on vulnerable sections, including migrant workers. His work was featured alongside noted authors such as Arundhati Roy, Ruskin Bond, Mridula Garg, Paranjoy Guha Thakurta, Ashok Vajpeyi and others.[48]

Bibliography

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  • The Restatement of Contempt Law (2011), Wolters Kluwer ISBN 8184736045
  • Courts of India: Past to Present (2016), Publications Division, Ministry of Information and Broadcasting ISBN 978-8123022147
  • The Constitution at 67 (2017), The Supreme Court of India, New Delhi
  • The Constitution of India (Coat pocket edition), Eastern Book Company ISBN 978-9394364684
  • India's Long Walk Home (2020), AuthorsUpFront ISBN 978-9387280878

Controversies

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Allegation on cricket selectors

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In August 2016, Gopal Sankaranarayanan was involved in a controversy when, as the secretary of the Lodha Committee, he accused the Board of Control for Cricket in India (BCCI) selectors of seeking sexual favours. This allegation came to light through an email report sent by BCCI secretary Ajay Shirke to BCCI president Anurag Thakur. However, BCCI Secretary Ajay Shirke denied these accusations, stating that the Indian board had not received any such complaints.[49][50][51] Later, the Justice RM Lodha panel refuted the accusations against BCCI selectors, clarifying that Gopal Sankaranarayanan hadn't made such allegations and there was no intention to portray selectors negatively.[52]

Contempt threat by Justice Arun Kumar Mishra

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In December 2019, a heated exchange occurred between Supreme Court judge Arun Kumar Mishra and Gopal Sankaranarayanan during a Constitution Bench hearing on land acquisition cases. The disagreement arose as Sankaranarayanan argued for one of the parties, with Justice Mishra finding the arguments repetitive. Sankaranarayanan requested an opportunity to present his submissions, but Justice Mishra remained firm. The tension escalated, resulting in Justice Mishra threatening contempt and conviction if he continued speaking.[53] In response, Sankaranarayanan left the courtroom.[54] When CNN-News18 contacted him, Sankaranarayanan said, “I would not wish to argue in an atmosphere which would lower the dignity of the court. I would not wish to say anything more.”[53]

The incident raised concerns about the treatment of lawyers and the core principles of the justice system.[55] The Supreme Court Advocates-on-Record Association (SCAORA) issued a resolution urging Justice Mishra to display more patience when dealing with lawyers.[56] Two days later, senior lawyers of the Supreme Court entered Arun Mishra's courtroom to protest his behavior, prompting Justice Mishra to apologize for his conduct.[57][58]

References

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  1. ^ a b c d Vishwanath, Apurva (January 16, 2017). "Gopal Sankaranarayanan: The lawyer on a mission to weed out politics from cricket". Livemint.
  2. ^ a b c "Supreme Court designates huge bunch of (also younger) lawyers to senior counsel (incl. at least 5 NLS grads)". Legally India. March 29, 2019.
  3. ^ Poddar, Umang (November 13, 2022). "Why legal experts think BJP will never actually implement a uniform civil code". Scroll.in.
  4. ^ a b "If BCCI changes reformed constitution, it would be ridiculing SC: Lodha panel secretary". DT Next. November 12, 2019.
  5. ^ a b "Illegal layouts: Supreme Court appoints Senior Advocate Gopal Sankaranarayanan as amicus curiae". India Legal. April 25, 2022.
  6. ^ a b "Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing". Super Lawyer. February 21, 2016.
  7. ^ "South Asia 2012-13". Rssing. July 15, 2012.
  8. ^ "No Trigger Point For Supreme Court To Interfere In Election Commissioner Appointment Process, Says AG Venkataramani; Constitution Bench Reserves Judgment". Archived from the original on 24 November 2022.
  9. ^ "Supreme Court to hear pleas seeking to criminalise marital rape on May 9". Hindustan Times. March 23, 2023.
  10. ^ Thanawala, Sarah (April 18, 2023). "Aarey Forest: Supreme Court penalises MMRCL for seeking to cut more trees than allowed, still grants permission to fell 177 trees". The Leaflet.
  11. ^ "SC bars govt from taking action against ED sleuth probing 2G, Aircel-Maxis cases". Hindustan Times. November 1, 2017.
  12. ^ "Dr. Subramanian Swamy Vs. Director, Central Bureau of Investigation & ANR. [MAY 06, 2014]". Latest Law. May 2014.
  13. ^ "Overview of the Constitutional Challenges to the IT Act". cis-india.org. Centre for Internet and Society. December 15, 2014.
  14. ^ Shrivastava, Prachi (March 30, 2015). "Behind the scenes of the fight against Section 66A". Livemint.
  15. ^ Shrivastava, Prachi (April 1, 2015). "Behind the scenes: How 90+ lawyers & 3 judges created the biggest free speech judgment in more than half a century". Legally India.
  16. ^ Lakhani, Somya. "It all started with concerned parents, coughing children". Indian Express. Archived from the original on October 10, 2017.
  17. ^ Sucheta (November 6, 2015). "Gopal Sankaranarayanan On Filing Pil To Improve Quality Of Air In Delhi Before Supreme Court, Highlights Issues Pertaining To Fire Crackers, Crop Burning And Euro Vi Norms". SCC Online.
  18. ^ Nair, Harish V. (November 26, 2016). "Kids win it: PIL filed by 3 infants makes SC ban crakers in Delhi-NCR". India Today.
  19. ^ "Air pollution: Senior advocate Gopal Sankaranarayanan writes open letter to SC judges". The Tribune. November 20, 2019.
  20. ^ "An Open Letter to the Supreme Court of India Against Outdoor Air Purifiers". The Print. December 1, 2019.
  21. ^ Gopal, Vikram (September 23, 2019). "National Law School students at Bengaluru call of protests after assurance from CJI". Hindustan Times.
  22. ^ "Let me breathe for now, says Perarivalan". The Hindu. Archived from the original on May 18, 2022.
  23. ^ "BJP leader Suvendu Adhikari withdraws petition against West Bengal Speaker, Supreme Court tells him to approach Calcutta High Court". India Legal. February 24, 2023.
  24. ^ Jain, Mehal (March 2, 2020). "SC To Hear Plea Challenging Detention Of Ex-J&K CM Omar Abdullah On March 5". Archived from the original on 2020-03-20.
  25. ^ Chaudhary, Nilashish (December 9, 2019). "SC Issues Notice On TMC MP Mahua Moitra's Plea To Direct ECI To Publish Final Vote Counts Of General Elections". Live Law. Archived from the original on 2019-12-09.
  26. ^ Prakash, Satya (July 31, 2018). "Tinkering with Sabarimala practice not good, SC told". The Tribune (Chandigarh).
  27. ^ Sharma, Padmakshi (September 21, 2022). "EWS Quota Violates Basic Structure Of Constitution For Crossing 50% Ceiling Limit : Gopal Sankaranarayanan To Supreme Court [Day 4]". Live Law.
  28. ^ Regidi, Asheeta (September 25, 2018). "Aadhaar hearing: The Act is a well balanced law of which a few provisions should be struck down, argues advocate Gopal Sankaranarayanan". Firstpost.
  29. ^ "PAN-Aadhaar linkage does not help curb scams: Lawyer Gopal Sankaranarayanan to Supreme Court". The Financial Express. April 26, 2018.
  30. ^ Ganz, Kian (July 22, 2010). "BCI replies to more LI readers' bar exam FAQs". Legally India.
  31. ^ Ganz, Kian (August 20, 2010). "BCI: 'Stern action' against lawyers already practising without bar exam; Non-complying law schools could be derecognised". Legally India.
  32. ^ Hussain, Sabi (January 4, 2017). "Curtains for Thakur, Shirke as BCCI administrators?". The Tribune.
  33. ^ "'BCCI changing reformed laws is like ridiculing SC'". Deccan Herald. November 12, 2019.
  34. ^ "BCCI's plans to change Supreme Court reforms ridicule the apex court: Lodha Panel". The Print. November 12, 2019.
  35. ^ "SC refuses to interfere with elections of Archery Association of India". The Week. April 3, 2020.
  36. ^ "Delhi HC Allows Aslam Sher Khan's Plea Challenging Irregularities In Hockey India". Business World. February 18, 2021.
  37. ^ "Delhi HC appoints three-member committee of administrators for Hockey India". The Print. May 22, 2022.
  38. ^ Sinha, Bhadra (February 12, 2017). "SC may frame guidelines for media briefings, coverage of criminal cases". Hindustan Times.
  39. ^ "Vacancies in consumer courts: SC asks states to be careful or chief secys may be summoned". The Economic Times. December 2, 2021.
  40. ^ "Norms for media coverage: Supreme Court seeks response of Centre, states". Indian Express. February 7, 2017.
  41. ^ "Rathores flat: SC seeks builders response on panels report". India Today. November 29, 2016.
  42. ^ Tripathi, Ashish (May 3, 2017). "SC asks TN to spell out steps taken to address farmers distress". Deccan Herald.
  43. ^ "Housing Allowance". India Legal. January 14, 2018.
  44. ^ "Mushrooming of illegal colonies across country is menace to urban development: SC". The Economic Times. April 25, 2022.
  45. ^ The Constitution at 67 (PDF). The Supreme Court of India, New Delhi. November 2017.
  46. ^ K. K. Venugopal; Gopal Subramanium. Restatement Of Indian Law: Contempt Of Court. Wolters Kluwer. ISBN 978-8184736045.
  47. ^ "EBC'S The Constitution of India (Coat Pocket Edition) by Gopal Sankaranarayanan – 15th Edition 2023". Bharatlawhouse. 2023.
  48. ^ Shukla, Avay (January 2, 2022). "Indeed a Long Long Walk Home". The Citizen.
  49. ^ "Indian selectors accused of seeking sexual favours by Lodha panel secretary". Asian Age. August 24, 2016.
  50. ^ Mallick, Abhilash (August 24, 2016). "Lodha Panel Refutes BCCI Sec Ajay Shirke's Claims". The Quint.
  51. ^ Pandey, Devendra (August 24, 2016). "Lodha panel secretary accused selectors of taking sexual favours: Ajay Shirke". The Indian Express via 12ft.
  52. ^ "RM Lodha Panel, BCCI Spar Over Report on Cricket Selectors Seeking Sexual Favour". NDTV. August 25, 2016.
  53. ^ a b Ghosh, Moonmoon (December 3, 2019). "Lawyer Arguing Land Acquisition Case Walks out of Courtroom after SC Judge Warns Him of Contempt". News 18.
  54. ^ "Fresh senior Gopal Sankaranarayanan 'retorts', walks out of SC consti bench after Justice threatens certain contempt conviction". Legally India. December 4, 2019.
  55. ^ "SC Advocates' Body Expresses Concern Over Justice Arun Mishra's Behaviour With Lawyers". The Wire. December 4, 2019.
  56. ^ "Contempt threat by Justice Arun Mishra against Gopal Sankaranarayanan draws criticism from the Bar". Bar And Bench. December 4, 2019.
  57. ^ "'I apologise a hundred times,' says Justice Arun Mishra, days after threatening lawyer with contempt". Scroll.in. December 5, 2019.
  58. ^ "'Contempt threat' to lawyer: Justice Arun Mishra apologises". The Economic Times. December 5, 2019.