Over 600 lawyers have written a letter to the Chief Justice Of India D Y Chandrachud raising serious concerns against the actions of a “specific interest group” aiming to undermine the judiciary. The letter to CJI by senior members of the bar has requested the Supreme Court to take protective measures against these attacks.
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NEW DELHI: More than 600 lawyers, including several esteemed senior advocates, have penned a letter to the Chief Justice of India (CJI) D Y Chandrachud, expressing grave concerns regarding what they perceive as a concerted effort by a “specific interest group” to undermine the integrity of the judiciary. The letter alleges that this group has propagated a theory of ‘bench fixing,’ which is not only seen as disrespectful and contemptuous but also as a direct assault on the honor and dignity of the courts.
In the letter, it is asserted that the actions of this interest group are polluting the atmosphere of trust and harmony that is essential for the judiciary’s proper functioning. The group’s pressure tactics, particularly noticeable in cases involving political figures accused of corruption, are described as detrimental to the courts and a threat to the democratic framework.
The missive elaborates on the modus operandi of this purportedly influential interest group, accusing them of fabricating narratives about a mythical ‘better past’ of the courts to contrast with the current state of affairs. These narratives, the letter contends, are intentionally crafted to sway court decisions and to gain political mileage, further eroding public trust in the judiciary.
The lawyers express concern over the apparent hypocrisy of certain legal practitioners who defend politicians during the day only to attempt to influence judges through media channels at night. Such behavior, they argue, insinuates that courts in the past were more susceptible to external influence, thereby undermining public faith in the judiciary’s impartiality.
“There is a clear ‘my way or the highway’ approach at work,”
the letter states,
“any decision they agree with is hailed but any decision they disagree with is trashed, smeared and disregarded.”
According to these legal experts, the interest group’s pressure tactics extend to slanderous attacks on respected judges and unwarranted comparisons of Indian courts with those of countries lacking the rule of law. These actions, they claim, are aimed at damaging public trust in the judiciary and jeopardizing the fair application of laws.
The letter emphasizes the necessity for protective measures to be implemented by the Supreme Court to safeguard the judiciary’s integrity against such assaults. It calls for a unified stance in support of the judiciary to ensure its continued role as a cornerstone of democracy, urging decisive leadership in tackling these challenges.
Senior Advocates Harish Salve, Manan Kumar Mishra, Adish Agarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, Swaroopama Chaturvedi are some of the prominent names on the letter.
Highlights of the letter
• A group of lawyers expresses concern over attempts by a vested interest group to influence the judiciary and defame the courts, particularly in politically sensitive cases involving corruption.
• The interest group is accused of creating false narratives about the judiciary’s past to undermine current court proceedings and public trust.
• Accusations include ‘bench fixing’, disrespectful comparisons of domestic courts to those in lawless regimes, and direct attacks on judges’ honor.
• Tactics employed by the interest group involve selective criticism or praise of court decisions based on their political agenda, described as a “My way or the highway” approach.
• Concerns are raised about:
-Political flip-flopping, where politicians alternate between accusing individuals of corruption and defending them in court.
-The use of underhand tactics and dissemination of false information to influence judicial appointments and outcomes.
• The lawyers note the strategic timing of these tactics around election periods, drawing parallels to similar activities in 2018-2019.
• Senior members of the bar have requested the Supreme Court to take protective measures against these attacks to maintain the judiciary’s integrity.
• The letter calls for a united stand in support of the judiciary to ensure it remains a strong pillar of democracy, urging decisive leadership in addressing these challenges.
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