A representative image (Source: The Hindu)
In a significant development on March 28, 600 renowned lawyers, among them notable figures such as Harish Salve, Manan Kumar Mishra, Adish Agarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, and Swaroopama Chaturvedi, have collectively penned a letter addressed to the Chief Justice of India. The contents of the letter raise grave concerns regarding attempts aimed at undermining the integrity of the Judiciary within the nation.
The letter, signed by the distinguished legal practitioners, outlines their deepest apprehensions regarding a concerted effort by vested interest groups to exert undue pressure on the Judiciary, manipulate judicial processes, and tarnish the image of the courts through the propagation of stale political agendas and unsubstantiated arguments.
Expressing dismay over what they term as a false narrative perpetuated by certain factions, the lawyers underscored the creation of a fabricated notion of a purported “better past” and a “golden period of the courts,” evidently designed to juxtapose the present state of affairs unfavourably. They lamented that such actions have led to a toxic atmosphere, eroding the trust and harmony that traditionally characterise the functioning of the Judiciary.
The letter read, “Their antics are vitiating the atmosphere of trust and harmony, which characterises the functioning of the Judiciary. 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.”
Of particular concern to the legal fraternity are the alleged tactics employed by these groups in cases of political significance, particularly those involving corruption charges against public figures. The letter highlights instances where deliberate attempts have been made to sway judicial decisions and cast aspersions on the integrity of the courts for narrow political gains.
It read, “It’s troubling to see some lawyers defend politicians by the day and then try to influence judges through the media at night.”
Furthermore, the lawyers expressed alarm at the emergence of a theory suggesting the manipulation of judicial benches, commonly referred to as “bench fixing.” They argue that such unfounded accusations not only undermine the credibility of the Judiciary but also subject judges to unwarranted attacks and insinuations.
The letter also highlighted the theory of “bench fixing” created, raising concerns that it led to slanderous attacks and insinuations against the judges. It read, “There is a clear “My way or the highway” approach at work – any decision they agree with is hailed, but any decision they disagree with is trashed, smeared and disregarded. This cherry-picking has been visible in very recent judgments, too.”
Drawing attention to the timing of these actions, the letter points out a strategic pattern coinciding with the electoral cycle, including the upcoming Lok Sabha elections. Similar efforts, it notes, were observed during the 2019 General Elections, indicating a recurring threat to the independence and impartiality of the judiciary.
In a resolute conclusion, the lawyers implored the Supreme Court to take proactive measures to safeguard the sanctity of the courts against these relentless assaults. They cautioned against complacency, emphasising the critical role of judicial leadership in confronting these challenges head-on.
The letter concluded, saying, “We request the Supreme Court to stand strong and take steps to protect our courts from these attacks. Staying silent or doing nothing could accidentally give more power to those who mean to harm. This is not the time to maintain a dignified silence, as such efforts have been happening for a few years and too frequently…Sir, in these tough times, your leadership is crucial. We trust you and all Hon’ble Judges to guide us through these issues and keep our courts strong.”
As the nation grapples with these pressing issues, the legal community places its trust in the Chief Justice and all Hon’ble Judges to navigate through these turbulent times and uphold the integrity of the judiciary, ensuring that justice prevails unimpeded.
Reacting to the recent correspondence sent by 600 prominent lawyers to the Chief Justice of India, BJP leader and senior advocate of the Supreme Court, Gaurav Bhatia, articulated the party’s stance on the matter. In his statement, Bhatia emphasised the challenges posed by advocates affiliated with opposition parties such as the Congress and AAP, citing their perceived efforts to exert pressure on the judiciary and level unsubstantiated criticisms against judges.
Bhatia remarked, “Advocates related to opposition parties like Congress, AAP and others, the kind of pressure they put on Judiciary and the objectionable comments they make on Judges without any proof, is problematic. This letter depicts the public emotions.”
Furthermore, he highlighted what he perceived as a tendency among certain groups to selectively praise or denounce judicial decisions based on their alignment with their interests. He stated, “I have witnessed that if the judgment comes in their favour, then they do ‘wah wah’ of the judiciary, and in against if the verdict is passed, then they do ‘hai hai’ of the judiciary, and the judges become ‘dishonest.’…A leader like Rahul Gandhi says that one or two people running the Judiciary is highly unfortunate. Therefore, this letter is a positive initiative…”
Bhatia’s comments underscored the BJP’s endorsement of the lawyers’ letter as a constructive step towards addressing issues within the Judiciary, particularly regarding the purported politicisation and undue influence on judicial processes.
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