RAM JETHMALANI.

▮ Identity sealed · POCSO §23

Defense lawyer, Senior Advocate, Supreme Court of India

Mumbai, Maharashtra

“Ram Jethmalani was a legendary criminal lawyer and senior advocate who served as the lead defense counsel for Asaram Bapu during the initial phases of the 2013 Jodhpur rape trial. Jethmalani filed multiple unsuccessful bail applications on behalf of the godman and drew sharp public condemnation for attempting to discredit the character of the minor victim in court.”

Ram Jethmalani (1923–2019) was one of India's most prominent, highly paid, and controversial criminal defense attorneys, having served as the Union Minister of Law and Justice and as a member of parliament. Known for defending clients in highly publicized and politically charged cases, Jethmalani was retained by Asaram Bapu's trust in late 2013 to lead the legal defense against the POCSO and rape charges in Jodhpur. His entry into the case signaled the beginning of an aggressive defense strategy aimed at securing immediate bail for the godman.

During the bail hearings before the Rajasthan High Court, Jethmalani argued that the allegations were a politically motivated conspiracy designed to malign Hindu spiritual leaders. He filed multiple bail petitions, arguing that Asaram was an elderly man suffering from various ailments who would not flee the jurisdiction of the court. However, the prosecution, led by PC Solanki, successfully argued that Asaram's release would pose a direct threat to the safety of the witnesses and the minor victim, leading the court to repeatedly deny the bail applications.

Jethmalani's defense tactics drew severe public backlash and media outrage when he made controversial statements regarding the 16-year-old minor victim, suggesting in court and to the press that she had a 'mental disease' or a condition that drew her to men. These statements were widely criticized by child rights activists and the public as victim-blaming. Despite his extensive legal experience and aggressive arguments, Jethmalani was unable to secure bail, and Asaram's trust eventually hired other senior advocates to handle subsequent phases of the trial.

Jethmalani passed away on September 8, 2019, at the age of 95. His involvement in the Asaram Bapu case remains one of the most heavily debated chapters of his long legal career, illustrating the intense legal battles and public relations conflicts that characterized the trial. His arguments in the case are still cited in legal discussions surrounding the cross-examination of minor victims in POCSO trials.