Siddharth Luthra (Senior Advocate)

Sidharth Luthra (Hindi: ; born 16 February 1966) is an Indian senior advocate at the Supreme Court of India. He previously served as the Additional Solicitor General of India at the Supreme Court and represented the union and various state governments in matters relating to fundamental rights, electoral reforms, criminal law. He resigned from this position in May 2014. He is the son of K.K. Luthra who was also a senior advocate and brother of senior advocate Geeta Luthra.

Luthra specialises in criminal law, white-collar crimes and cyber frauds. He studied law at the University of Delhi where he completed his LLB in 1990 and then did an MPhil in Criminology from the University of Cambridge in 1991.

Luthra is also a member of the Delhi State Legal Services Authority and the Vice-President of the Indian Criminal Justice Society. He also sits on the advisory board of two Indian legal journals, the Delhi Law Times and the Delhi Reported Judgements. Luthra dedicates nearly 30 to 40 percent of his cases to pro bono. and an Honorary Professor at the Amity University, Noida, Uttar Pradesh.

Early life and education Luthra studied sciences at Delhi Public School, RK Puram, followed by a BA in mathematics from Hindu College, Delhi in 1987. He joined the bar in 1991 and started working at Bhasin & Co where he practised civil law.

After his father's demise in 1997, Luthra reinvented himself as a criminal lawyer under the mentorship of late Senior Advocate P R Vakil and took over his father's practice.

Senior Advocate Luthra represented the Government of India in the High Court of Delhi from 2004 to 2007 as a Senior Panel Counsel. He was designated as a Senior Advocate, a position that is conferred on merit to exceptional lawyers by the judges of the high court, in 2007. He moved his practice from the Delhi High Court to the Supreme Court of India in 2010.

Facebook Case In December 2011, Luthra was hired by Facebook for a criminal trial initiated by journalist Vinay Rai against 21 social networking sites in India including Facebook, Google and Yahoo.

Tenure as Additional Solicitor General In 2012, the Manmohan Singh government appointed Luthra to the post of the Additional Solicitor General (ASG). One of the biggest cases in his tenure as ASG was the proposed release of the seven convicts in the Rajiv Gandhi assassination case. The Tamil Nadu government had proposed to remit the sentence of life for the seven convicted for the assassination of Rajiv Gandhi release them after their death penalty was commuted to sentence of life by the Supreme Court in 2014. The then Attorney General of India, late senior advocate Goolam Essaji Vahanvati, the then Solicitor General senior advocate Mohan Parasaran and Luthra swiftly moved a writ petition to the Supreme Court on behalf of the Union Government challenging the power of the Tamil Nadu government to remit the sentences of the convicted Sriharan alias Murugan and six others. The remittance was put on hold by the Supreme Court which in a later sentence in December 2015, held that a state government has no suo motu power to remit sentences of persons who were convicted under a central Law and cases investigated by the CBI.

Luthra also represented Central Bureau of Investigation, India, in the Dr. Subramanian Swamy vs Director, CBI, case in 2013–14 in which the constitutional validity of Section 6A of the Delhi Special Police Establishment Act, 1946 ('the DSPE Act') was at issue. A Constitution Bench comprising Chief Justice R.M. Lodha and Justices A.K. Patnaik, S J Mukhopadhaya, Dipak Misra and F M Ibrahim Kalifulla held that Section 6A of the DSPE Act that granted protection to joint secretary and above officers from facing even a preliminary inquiry by the CBI in corruption cases, was violative of Article 14 of the constitution and thus constitutionally invalid, a decision that was welcomed by the CBI.

Luthra is currently representing the Union Minister of Finance Arun Jaitley in the criminal defamation lawsuit filed by him against the Chief Minister of Delhi, Arvind Kejriwal. Arun Jaitley has also filed a civil defamation case against Arvind Kejriwal. The Supreme Court in November 2016 declined Kejriwal's appeal to stay the criminal defamation proceedings.

In 2016, Luthra represented the Chief Minister of Andhra Pradesh, Mr. N. Chandrababu Naidu in the 2015 Cash For Vote Scam case. On 9 December 2016, the Hyderabad High Court set aside the order passed by the Special Anti-Corruption Bureau (ACB) court that directed the Telangana Anti-Corruption Bureau to conduct a probe into Mr Naidu's role in the cash for vote scam case.

Luthra also served as the special public prosecutor in the Nirbhaya gang rape case. The final verdict on the case was delivered by the Supreme Court on 5 May 2017, where it upheld the death sentence for all the four convicts that were sentenced to death by the trial court in September 2013.

As Amicus Curiae In addition to his litigation work, Luthra is assisting the Supreme Court of India as amicus curiae in the matter of criminalisation of politics which is due to be heard by the constitution bench of the Supreme Court. The said matter was referred to a constitution bench of the Supreme Court by a bench comprising Justices A K Sikri and R K Agrawal examining an appeal filed by the Uttar Pradesh government challenging Allahabad High Court order for constituting a committee of eminent persons to suggest ways and means to check criminalisation of politics. Luthra told the bench that the police and the Central Bureau of Investigation should be made immune to political influence so that the criminal trials against politicians can be expedited.

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Contributions Luthra contributed to the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations—A Study and Proposed Amendments report and the Amendments to Criminal Procedure Code, 1973 – Provisions Relating to Bail report released by the Law Commission of India in August 2015 and May 2017 respectively.

Honours Luthra was conferred an Honorary Doctorate of Law by Amity University, Noida, India, in 2015.

K.K. Luthra Memorial Moot Court Luthra and the Delhi University Campus Law Centre organise the K.K. Luthra Memorial Moot Court, an international moot court competition every year in memory of Luthra's late father Mr. K.K. Luthra.