The clamour in Kerala opposing the continuation of KP Dandapani as the state’s Advocate General has reached its peak, culminating in two complaints of conflict of interest. At the centre of the controversy is the law firm Dandapani Associates, run by the AG’s wife Sumathi Dandapani and son Millu Dandapani. It has been alleged that in the last four years, Dandapani Associates has argued 270 cases against the AG’s office and in many cases government pleaders deliberately present a weak version in court. Things have come to such a stage that two government departments have openly said they do not want the AG’s to argue their cases, and they would recruit other lawyers. But this is not the only point of contention, according to a complaint with the Kerala High Court.
Communist Party of India (Marxist) MLA V Sivankutty filed a complaint with the Kerala High Court registrar on August 3, seeking action against the AG for allegedly carrying on a private practice while holding a constitutional office, and list many other allegations of professional, ethical impropriety, and possible illegalities.
Prominent advocate JS Ajith Kumar, who had in January filed a complaint before the Bar Council of Kerala, told The News Minute: “His acts are against constitutional morality and professional ethics. Big manipulations happen in many of these cases.” Conflict of interest In his complaint with the Court, Sivankutty lists numerous conflicts of interest. He has alleged that Dandapani had represented the state in around 270 cases where the other party was represented by Dandapani Associates – meaning his wife and son.
In one instance, Dandapani Associates appeared for Gireesh Kumar also known as Ali Bhai, an accused wanted by Interpol. Sivankutty has alleged that the government pleader allegedly conspired to help the accused. The petition also alleges that Dandapani Associates has taken on many of the criminal cases against Mohammed Nisham, the beedi tycoon accused in the infamous security guard murder case in Thrissur. However, Sumati and Millu told The News Minute that they had represented him in the past, but had not taken up his case where he is accused of murdering security guard Chandrabose.
The petition also says that cases which were earlier being handled by Dandapani such as the United Distilleries case and the Banerjee Memorial Club case, are now being looked after by his son Millu. The mother and son duo were also legal advisers to several bar owners case when the latter were fighting the state’s policy on prohibition.
Further, the petitioners have also alleged that government pleaders do not oppose cases argued by Dandapani Associates. Another fact that has not escaped attention was that his wife Sumathi has in the past represented the Tamil Nadu government against the Kerala government in the Mullaperiyar dam case. In October 2013, the state Revenue Department had said that it did not want the AG to represent it, as in at least four cases of illegal quarrying Sumati was representing the parties against whom the government sought legal action. “Dandapani Associates has appeared in many cases of illegal quarrying and other mafia cases against the state and also in forest offence cases which have caused loss of crores of rupees to the state,” Ajith alleged.
Who’s interest?
Questions have also been raised over Dandapani’s position on various matters viz a vis the government. Months after he took charge,Dandapani stirred a storm within the state and also in ruling United Democratic Front government when he took a position that was different from that of the government over the safety of the Mullaperiyar dam. Sivankutty added that Millu Dandapani had been appointed as the legal advisor for 34 institutions, both government and private, after Dandapani assumed office in 2011.
Dogged by controversies
Dandapani is no stranger to controversy. His very appointment was challenged in August 2011, by senior lawyers of the Kerala High Court. In 1996, he had been appointed a judge of the Kerala High Court, but ceased to be one as he did not assume charge at the Gujarat High Court after he was transferred there soon after his appointment. This incident was brought up when he was first appointed as AG by the then CPI (M) government in the state to challenge his appointment. However, the High Court found no merit in the challenge and had dismissed the petition. Sivankutty claims that a person removed from one constitutional position is not qualified to hold another.
Political and media clout?
There is much speculation about why the current situation in the state continues despite the outcry against the AG. Recently Kerala High Court judge, Justice Alexander Thomas lashed out at Dhandapani and his office saying that the court would not mind disbanding the entire office. “Even those at the top of the advocate general's office are nominees of somebody, including abkaris, and the present situation is due to this,” the court observed. In spite of the judge’s outburst, the Chief Minister chose to stick his neck out and lambasted the judge.
There is much speculation about why the current situation in the state continues despite the outcry against the AG. Dandapani Associates are reportedly associated with two media giants in the state which makes them a formidable opponent to take on. “He has strong hold and power with all the political parties and business conglomerates,” Ajith says.