New Delhi: Twenty-one retired judges of the Supreme Court and high courts have written to Chief Justice of India (CJI) D.Y. Chandrachud expressing concern over the “escalating attempts by certain factions to undermine the judiciary” through pressure, misinformation and “public disparagement”.
The judges wrote that certain elements who are motivated by “narrow political interests and personal gains” were trying to erode public confidence in the country’s judicial system.
The retired judges — among whom were four from the apex court — did not delve into what might have prompted them to air their grievances with the CJI. However, this has come at a time when the row between the Bharatiya Janata Party and the Opposition, over the latter’s leaders allegedly being targeted in corruption cases, has escalated.
The strategy employed by those trying to undermine the judiciary is “deeply troubling”, ranging from the propagation of baseless theories intended to malign the judiciary’s reputation to engaging in overt and covert attempts to influence judicial outcomes to their favour, the judges wrote.
The judges wrote that this behaviour was particularly pronounced in cases and causes of social, economic and political significance, including cases involving certain individuals, “wherein the lines between advocacy and manoeuvring are blurred to the detriment of judicial independence”.
The retired judges, among whom are former Supreme Court justices Deepak Verma, Krishna Murari, Dinesh Maheshwari and M.R. Shah, accused the critics of deploying insidious methods with clear attempts to sway judicial processes by casting aspersions on the integrity of courts and the judges.
The judges were particularly concerned about tactics of misinformation and the orchestration of public sentiment against the judiciary.
They wrote: “The practice of selectively praising judicial decisions that align with one’s views while vehemently criticising those that do not, undermine the very essence of judicial review and the rule of law.”
The justices urged the judiciary, led by the Supreme Court, to “fortify against such pressures and ensure that the sanctity and autonomy of our legal system are preserved”.
“It is imperative that the judiciary remains a pillar of democracy, immune to the whims and fancies of transient political interests,” they said.
Last month, nearly 600 lawyers, including senior advocate Harish Salve and Bar Council of India chairperson Manan Kumar Mishra, had written to the CJI alleging that a “vested interest group” was trying to put pressure on the judiciary and defame courts “on the basis of frivolous logic and stale political agendas”.
The letter dated 26 March read: “Their pressure tactics are most obvious in political cases, particularly those involving political figures accused of corruption. These tactics are damaging to our courts and threaten our democratic fabric.”
(Edited by Tikli Basu)
Also read: Modi & 600 lawyers unite to ‘protect’ judiciary, but who’s threatening it? Read between the lines