Conflict Of Interest Issue: Does It Apply To Top Lawyer Kapil Sibal?

What is the conflict of interest? How do you define it? It defies a strict definition. Nevertheless, it lends itself for varied interpretations. When India Cements chairman N Srinivasan was heading the BCCI (Board for Control of Cricket in India), the conflict of interest issue hit the peak and he was forced to quit his post. The conflict of interest issue assumed gargantuan proportions when he (rather India Cements, the company promoted by him) was also the owner of the Chennai franchise of the IPL (Indian Premier League) team, Chennai Super Kings. The conflict of interest issue in this instance became a full-blown legal war and moved up to the highest court of the country. The term conflict of interest has become very popular thanks to the squabble in the cricketing world in the context of the ownership of the IPL world by a BCCI functionary. Are we not witnessing this in a different field now? The country’s leading lawyer Kapil Sibal is now appearing for the West Bengal government before the Supreme Court in the doctor rape-murder case that has shaken the whole country. He was part of the Congress party but now he is an Independent Rajya Sabha MP. He is also a Member of Parliament, which frames laws to protect women. He wears multiple hats. Is he not bound by any conflict of interest constraint? How strictly can he quarantine each of his roles without necessarily stepping into the conflict of interest terrain? A purported letter terming the incident “symptomatic malaise” and signed by Kapil Sibal under the letter-head of Supreme Court Bar Association (SCBA)is in circulation. A counter letter is also now in circulation purportedly signed by a former president of the SCBA, which questioned Sibal on the legitimacy of issuing such a letter under the guise of SCBA resolution and also his subsequent decision to appear for the West Bengal Government in this case.   When one is wearing contradictory hats, what kind of a message will that send out down the line? For the uninitiated, the term conflict of interest is really confusing!