SALMAN KHURSHID.

▮ Identity sealed · POCSO §23

Defense lawyer, Senior Advocate; former Union Law Minister (Congress)

Delhi

“Salman Khurshid is a prominent senior advocate, author, and senior leader of the Indian National Congress who served as a defense attorney for Asaram Bapu during his bail hearings. Khurshid's representation of the godman drew political controversy due to his high-profile political standing and his party's public stance on women's safety.”

Salman Khurshid is a senior advocate in the Supreme Court of India who has served as the Union Minister for External Affairs, Minister of Law and Justice, and Minister of Minority Affairs. Educated at Oxford, Khurshid is recognized as one of India's leading legal minds and political figures. In 2015, during the height of the Jodhpur rape trial, Khurshid joined the defense panel representing Asaram Bapu, appearing in the Supreme Court to argue for the suspension of the godman's judicial custody and temporary bail.

Khurshid's legal arguments in the Supreme Court focused primarily on human rights and medical grounds. He argued that Asaram was an elderly citizen with deteriorating health conditions, including severe cardiac blockages, who required specialized medical treatment outside the Jodhpur jail. Khurshid contended that keeping an octogenarian in prolonged incarceration before a final conviction was punitive rather than preventive, and he offered assurances that Asaram would comply with any bail conditions. However, the bench, representing the State of Rajasthan, strongly opposed the bail, pointing to the ongoing attacks on key prosecution witnesses.

Khurshid's decision to defend Asaram caused significant political controversy. Opposing political parties, particularly the BJP, criticized him and the Congress party for hypocrisy, arguing that while the party publicly campaigned for women's safety and stricter rape laws, its senior leaders were actively working to free a accused child rapist. Khurshid defended his actions by emphasizing the separation of his professional role as a lawyer from his political identity, asserting that the bar's ethics require advocates to represent any client who seeks their services.

Khurshid continues to practice law in New Delhi and remains active in national politics and literary writing. His temporary involvement in Asaram's legal defense is often cited as a prime example of the intersections between law, politics, and media representation in contemporary India. His arguments regarding medical bail set a precedent that would be raised in subsequent petitions by the defense team.