In New Delhi, a consortium of legal practitioners, among whom are the esteemed advocate Harish Salve and Manan Kumar Mishra, Chairperson of the Bar Council of India, penned a missive to the Chief Justice of India. They allege the insidious machinations of a faction with vested interests, aiming to coerce the judiciary and besmirch the courts through fallacious reasoning and outdated political motives.
Their coercive tactics are glaringly evident in cases with political ramifications, particularly those entwined with allegations of corruption against political figures. These maneuvers pose a grave threat to the sanctity of our courts and imperil the very fabric of our democracy, as articulated in their communique addressed to CJI D Y Chandrachud, dated March 26, as per official channels.
The missive, circulated via official channels, refrains from explicitly naming the targeted cadre of legal professionals. It contends that said cadre undertakes the defense of politicians during the day, only to attempt to sway judicial outcomes through media channels during nocturnal hours.
This particular faction fabricates narratives romanticizing a purportedly glorious past era of the judiciary, contrasting it unfavorably with contemporary events. Their assertions, the letter contends, are designed to sway judicial deliberations and subject the courts to public ridicule for political gains.
The coalition of legal practitioners, the authors of the letter titled “Judiciary Under Threat-Safeguarding Judiciary from Political and Professional Pressure,” comprises roughly 600 members. Noteworthy among them are Adish Aggarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, and Swarupama Chaturvedi, per official sources.
While the authors abstain from citing specific cases, the timing of their missive coincides with the judiciary’s handling of several high-profile corruption cases involving opposition figures. Opposition parties have accused the ruling government of selectively targeting their leaders as part of a political vendetta, an accusation vehemently denied by the ruling Bharatiya Janata Party (BJP). These parties, boasting a contingent of eminent legal minds, have united against the recent arrest of Arvind Kejriwal, Chief Minister of Delhi and national convener of the Aam Aadmi Party (AAP), in a money laundering case linked to Delhi’s excise policy.
The critics, in targeting the judiciary’s purported susceptibility to influence in the past, undermine public trust in the institution, as asserted by the authors.
The authors further assert that the critics have propagated an unsubstantiated theory of “bench fixing,” which not only demonstrates disrespect and contempt for the judiciary but also constitutes an assault on its honor and dignity.
Moreover, the critics have resorted to comparing the Indian judicial system with those of nations lacking the rule of law, leveling accusations of unfair practices against Indian judicial institutions.
The authors decry the critics’ propensity for cherry-picking judgments, lauding those aligned with their views while disparaging and disregarding others. This duplicity, they argue, erodes the respect the common citizenry ought to have for our legal system, citing recent judgments as testament to this trend.
They further allege attempts by certain elements to influence judicial appointments and disseminate falsehoods via social media to exert undue pressure on judges to rule in their favor.
Expressing skepticism regarding the timing of these developments amidst impending elections, the legal practitioners draw parallels with similar occurrences in 2018-2019, characterized by hit-and-run tactics and the fabrication of false narratives. They caution against allowing these efforts to undermine and manipulate the courts for personal and political ends to go unchecked.
The authors call upon the Supreme Court to assert its authority and take decisive measures to shield the judiciary from such purported attacks. They assert that maintaining a dignified silence or taking no action risks emboldening those with malicious intent. They stress the pivotal role of CJI Chandrachud’s leadership in navigating these challenging times.