India’s former judges write letter to CJI urging top court to counter ‘political pressure’

India’s former judges write letter to CJI urging top court to counter ‘political pressure’

A group of 21 former judges of India’s Supreme Court (SC) and several high courts have written a joint letter to the Chief Justice of India (CJI) expressing their concern over what they say escalating attempts by certain factions to undermine the country’s judiciary.

They claimed that these political factions were trying to undermine India’s judicial system “through calculated pressure, misinformation, and public disparagement.” They urged CJI DY Chandrachud to uphold judicial independence and autonomy and firmly counter false information.

Four former judges of the Supreme Court—Justice Deepak Verma, Justice Krishna Murari, Justice Dinesh Maheshwari and Justice MR Shah—are among the 21 signatories of the letter.

The content of the letter

The letter penned by the former judges read: “It has come to our notice that these elements, motivated by narrow political interests and personal gains, are striving to erode the public’s confidence in our judicial system. Their methods are manifold and insidious, with clear attempts to sway judicial processes by casting aspersions on the integrity of our courts and the judges. Such actions not only disrespect the sanctity of our judiciary but also pose a direct challenge to the principles of fairness and impartiality that Judges, as guardians of the law, have sworn to uphold.”

“The strategy employed by these groups 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. This behaviour, we observe, is particularly pronounced in the cases and causes of social, economic and political significance, including the cases involving certain individuals, wherein the lines between advocacy and manoeuvring are blurred to the detriment of judicial independence,” the letter further states.

“We are particularly concerned about the tactics of misinformation and the orchestration of public sentiment against the judiciary, which are not only unethical but also detrimental to the foundational principles of our democracy. The practice of selectively praising judicial decisions that align with one’s views while vehemently criticizing those that do not, undermines the very essence of judicial review and the rule of law,” it added, without naming any individual or political party.

In conclusion, they urged the CJI to take steps to ensure such pressure tactics don’t affect the sanctity of the judiciary and the autonomy of the legal system.

“It is imperative that the judiciary remains a pillar of democracy, immune to the whims and fancies of transient political interests,” they said.