Questioning the timing, the lawyers said it is all happening when the country is headed for the elections.
A group of lawyers, including senior advocate Harish Salve and Bar Council of India chairperson Manan Kumar Mishra, have written to Chief Justice of India DY Chandrachud alleging that a “vested interest group” is trying to pressure the judiciary and defame courts “on the basis of frivolous logic and stale political agendas”.
“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,” their letter, dated 26 March, said.
The group of lawyers who are behind the letter titled “Judiciary Under Threat-Safeguarding Judiciary from Political and Professional Pressure” number around 600 and also include Adish Aggarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla and Swarupama Chaturvedi, the official sources said.
The letter, shared by official sources, targeted a section of lawyers without naming them. It alleged that they defend politicians by day and try to influence judges through the media at night.
This interest group creates false narratives of a supposed better past and golden period of courts, contrasting it with the happenings in the present, the letter said, claiming that their comments are aimed at influencing courts and embarrassing them for political gains.
Though the lawyers behind the letter have mentioned no specific cases, the development comes as courts deal with several high-profile criminal cases of corruption involving opposition leaders when general elections are around the corner.
Opposition parties have accused the Union government of targeting their leaders as part of its political vendetta, a charge refuted by the ruling BJP.
These parties, whose ranks include some noted lawyers, have joined hands against the recent arrest of Delhi Chief Minister and AAP national convener Arvind Kejriwal in the Delhi excise policy-linked money laundering case.
Prominent lawyers including Harish Salve, Manan kumar Mishra, Adish agarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, Swaroopama Chaturvedi are among over 600 lawyers who have addressed a letter to CJI expressing concern over attempts to undermine the… pic.twitter.com/xidA927Sbb
— Press Trust of India (@PTI_News) March 28, 2024
Targeting critics, these lawyers have accused them of suggesting that courts in the past were easier to influence. This shakes the public’s trust in courts, they said.
“Their antics are vitiating the atmosphere of trust and harmony, which characterises the functioning of the judiciary,” they said in their letter to CJI Chandrachud.
The letter said they have also concocted an entire theory of “bench fixing,” which is not just disrespectful and contemptuous but also an attack on the honour and dignity of courts.
“They have also stooped to the level of comparing our courts to those countries where there is no rule of law and accusing our judicial institutions of unfair practices,” it said.
These critics have adopted the “my way or the highway” approach at work. They hail the decisions they agree with, but they trash, smear, and disregard any decision they disagree with.
The letter said, “This two-faced behaviour is harmful to the respect a common man should have for our legal system.” It also claimed that this cherry-picking has been visible in very recent judgments.
In the letter, they alleged that “some elements are trying to influence who the judges are in their cases and spread lies on social media to pressure them to decide in a particular way.”
Questioning the timing, the lawyers said it is all happening when the country is headed for the elections.
“We are reminded of similar antics in 2018-2019 when they took to their ‘hit and run’ activities, including fabricating wrong narratives. These efforts to belittle and manipulate the courts for personal and political reasons cannot be allowed under any circumstances,” they said.
They urged the Supreme Court to stand firm and take steps to protect courts from these alleged attacks.
“Staying silent or doing nothing could accidentally give more power to those who mean to do harm. This is not the time to maintain dignified silence as such efforts are happening since few years and too frequently,” they said, adding that the CJI’s leadership is crucial in these “tough times”.
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