Don’t Distort SC's Salwa Judum Ruling or Resort to Name Calling, Former Judges Tell Amit Shah

New Delhi: In an unprecedented show of solidarity with Justice B. Sudershan Reddy, the Opposition's candidate for Vice President, 18 former judges of the Supreme Court and various high courts have issued a statement criticising Union home minister Amit Shah's recent attack on him and the Supreme Court for the 2011 Salwa Judum judgment outlawing Chhattisgarh's use of armed vigilantes against the Naxalite insurgency.

Shah has accused Justice Reddy and the apex court of "supporting Naxalism" through the judgment and alleged that the judge was motivated by "Naxalite ideology".

Calling Shah's statement a misinterpretation of the Salwa Judum judgment, the judges said this was "unfortunate", noting that the judgment "nowhere supports, either expressly or by compelling implication of its text, Naxalism or its ideology. "

The former Supreme Court judges who signed today's statement are Justices A.K Patnaik, Abhay Oka, Gopala Gowda, Vikramjit Sen, Kurien Joseph,  Madan B. Lokur, J Chelameswar.

"While the campaign for the office of the Vice President of India may well be ideological," the former judges said, "it can be conducted civilly and with dignity. Criticising the so-called ideology of either candidate should be eschewed."

'Chilling effect' on judiciary

The judges statement also draws attention to the implications that Shah's 'misinterpretation' of the judgment could have on judicial independence in India.

"Prejudicial misinterpretation of a judgment of the Supreme Court by a high political functionary is likely to have a chilling effect on the judges of the Supreme Court," they said, "shaking the independence of the judiciary."

"Out of respect for the office of the Vice President of India," they added, "it would be wise to refrain from name calling."

The 2011 judgment was delivered by Justice Reddy and Justice S.S. Nijjar, who has since died. The judgment itself came as part of a gradual build-up of judicial orders by different benches of the Supreme Court which heard a PIL filed by Nandini Sundar and others in 2007 seeking justice for the adivasi victims of human rights violations being committed by the vigilante Salwa Judum squads.

As early as 2008, Justice K.G. Balakrishnan, who was hearing the case at the time, said that state support to the Salwa Judum would amount to abetting crime.

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Text of Statement by Former Judges

The statement of the Union Home Minister Mr. Amit Shah publicly misinterpreting the judgement of the Supreme Court in the Salwa Judum case is unfortunate.

The judgment nowhere supports, either expressly or by compelling implication of its text, Naxalism or its ideology.

While the campaign for the office of the Vice President of India may well be ideological, it can be conducted civilly and with dignity. Criticising the so-called ideology of either candidate should be eschewed.

Prejudicial misinterpretation of a judgment of the Supreme Court by a high political functionary is likely to have a chilling effect on the judges of the Supreme Court shaking the independence of the judiciary.

Out of respect for the office of the Vice President of India, it would be wise to refrain from name calling.

Former Judges of Supreme Court

A.K Patnaik
Abhay Oka
Gopala Gowda
Vikramjit Sen
Kurien Joseph
Madan B. Lokur
J. Chelameswar

Former Chief Justices of High Courts

Govind Mathur
S. Muralidhar
Sanjib Bannerjee

Former Judges of High Courts

Anjana Prakash
C. Praveen Kumar
A. Gopal Reddy
G Raghuram
K . Kannan
K. Chandru
B. Chandrakumar
Kailash Gambhir

Others

Prof Mohan Gopal
Sanjay Hegde Sr.Adv

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