'Crocodile Tears': Lawyers' Union Condemns Recent letter to CJI By 600 Lawyers
The All India Lawyers Union condemns the recent letter to CJI DY Chandrachud by over 600 lawyers and termed the the letter as "Crocodile tears in the name of safeguarding judiciary"
The All India Lawyers Union condemned the recent letter to CJI DY Chandrachud by over 600 lawyers and termed the the letter as "Crocodile tears in the name of safeguarding judiciary," which according to them was a direct result of exposure of quid pro quo and political corruptions in the name of Electoral bonds by the recent Electoral Bond Judgment by the Supreme Court. The AILU called it an attempt to misguide the people with a false narrative by the 600 lawyers who are "masquerading as savior of the judiciary."
Last week, a group of prominent lawyers wrote to the CJI against the pressure tactics employed by a "specific interest groups," and expressed serious concerns against the actions of this group with "vested interests" aiming to undermine the judiciary’s integrity. The screenshot of this letter was even shared by Prime Minister Narendra Modi.
On Thursday, PM Modi attacked the Congress and said that “bullying” and “browbeating" were part of the opposition party’s culture, as he shared a screen shot of a letter addressed to the CJI.
According to the letter, the said "interest group has concocted an entire theory of 'bench fixing.' This they claim is not just disrespectful and contemptuous but also an attack on the honour and dignity of our courts.
"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," the letter read.
This letter was signed by senior members of the bar and senior advocates Harish Salve, Manan Kumar Mishra, Adish Agarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, Swaroopama Chaturvedi. They requested the Supreme Court to take "protective measures" against these attacks to maintain the judiciary’s integrity.
Responding to this letter, the All India Lawyers Union condemned it in strongest terms, and appealed to the entire legal fraternity and people to raise voice unitedly against this "sort of unhealthy practices."
The statement said that this “Group of Lawyers” have been vociferously supporting this undemocratic anti-constitutional idea against the independence of judiciary. AILU statement further said that the same group (600 lawyers) has been behind all attempts to overreach the most celebrated and seminal judgment of the Supreme Court in recent times.
"They are instrumental in the letter to the Hon’ble President of India to withhold enforcement of Electoral bonds judgment and the letter to the CJI to suo moto review the judgment. Ultimately they were exposed before the Court; the Constitutional Bench presided over by CJI has deprecated the author of the letter in strongest terms."
The statement by the left leaning lawyers' union further said that the 'Group of Lawyers' in the name of safeguarding judiciary is only a canard against responsible lawyers and lawyers' forums, who are consistently and persistently fighting for protection of independence of judiciary and to safeguard the basic structure of the constitution and constitutional rights, fundamental rights and democracy.
The statement asserted that the power of judicial review and independence of judiciary are part of the basic structure of our constitution and the backbone of democracy.
"The present regime has been making direct onslaught and subtle subterfuge against basic structure of the constitution including independence of judiciary and ridiculing the judiciary for exercising power of judicial review on legislations. The scathing criticism and attack made by none other than Vice President of India and Law Minister against “judicial review” and “basic structure” in the name of supremacy of Parliament claiming it as sovereignty and demanding for determining role and power for the executive government for selection of judges was part of this well orchestrated plan," the AILU statement read.
The statement signed by Rajya Sabha MP Bikas Ranjan Bhattacharya who is also the President of AILU, said that there has been direct intervention by the Executive Government in the matter of transfer of judges of the High Courts. "The Executive Government has interfered with the transfer of Justice Kureshi and Justice Dr. S. Muralidhar on extra judicial –extraneous political reasons."
Referring to the appointment of former Chief Justice Ranjan Gogoi, the statement said that the Modi government has been indulging in post retirement appointment of judges to manipulate and interfere with the independence of judiciary.
"Chief Justice Ranjan Gogoi on retirement was nominated to Rajya Sabha by the Modi regime. Within six weeks of Justice Abdul Nazeer’s retirement as judge of the Supreme Court he was appointed as Governor of Andhra Pradesh."
The statement was also signed by Senior Advocate P V Surendranath who is also the General Secretary in AILU.
The lawyers union alleged that the Centre has been dishonouring the collegium resolution on transfer or appointment of Chief Justices of various High Courts by splitting up the resolutions of the collegium of Supreme Court, selectively.
"Same thing happens in the matter of the candidates recommended for appointment to the judges of the High Courts by the Collegium. There has been instances that even after reiteration of the recommendation of the candidates by the collegium the regime protracted the matter and ultimately refused to appoint the candidates. These are all instances of severe violation of independence of judiciary."
The statement said that this “Group of Lawyers’ never raised voices at these violations and to safeguard the judiciary.
"The fact that the Supreme Court has stayed Modi Government’s authoritarian and undemocratic Fact- Check Unit (FCU) notification under IT Amendment Rules, 2023 also irritates the disgruntled vested interest 'Group'," the AIUL said.
The AIUL statement further said that the baseless bald allegations in the letter are not the general opinion of the advocates and legal fraternity across India at all.
"‘Group of Lawyers’ do not represent advocates and legal fraternity in India. The Groups' attempt in the name of safeguarding the judiciary is only a camouflage and veiled browbeat against the judiciary." the statement said.
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