The legal ethics of defending the banned and the controversial

Countries & Cities · Published 12 October 2026 Swipe more like this →

In short: Can a lawyer represent an organization accused of terrorism without compromising their own principles? Salman Khurshid faced this exact dilemma when he defended the Students Islamic Movement of India. His stance on constitutional duty versus personal ethics highlights a fundamental tension in the pursuit of justice.

Salman Khurshid's political and legal career is defined by high-stakes navigation of Indian governance and law. Born in 1953 into a lineage tracing back to the Afridi and Kheshgi Tribes of Afghanistan, he entered public service as an Officer on Special Duty in Indira Gandhi’s Prime Minister's Office in the early 1980s. His trajectory saw him serve in various capacities, including Union Deputy Minister of Commerce and Union Minister of State for External Affairs under Narasimha Rao and Manmohan Singh. Throughout his career, he has held significant roles such as President of the Delhi Public School Society and the Uttar Pradesh Congress Committee.

Khurshid famously represented the Students Islamic Movement of India, an organisation prohibited within India due to suspected acts of terrorism. When questioned about representing such an entity, Khurshid articulated a strict adherence to professional ethics: he argued that a lawyer has a constitutional duty to appear for an accused and that neither the government nor the public should pre-judge an organization. This principle was tested in 2006 when the Supreme Court of India rejected his appeal against the group's ban, noting that such appeals must first be argued before the specific tribunal established for those purposes.

Khurshid’s career also involves significant controversy regarding his writings and family legacy. In 2021, his book 'Sunrise over Ayodhya' sparked a backlash from BJP leaders who criticized his parallels between Hindutva and radical Islamist groups; this led to the vandalism of his home in Nainital. Additionally, he faced allegations of financial misappropriation involving the Zakir Hussain Memorial Trust—an NGO founded in 1986 by his wife for physically challenged people. While 'Operation Dhritrashtra' alleged forged signatures and funds totaling about 7.1 million were misused, Khurshid denied these charges, leading to a defamation lawsuit against the news broadcaster that publicized the investigation.

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