New Delhi: The All India Lawyers Union (AILU) has termed the recent letter to Chief Justice of India D.Y. Chandrachud by a group of lawyers, including senior Supreme Court advocate Harish Salve as a “canard” against lawyers and lawyers forums who are “fighting for protection of independence of judiciary and to safeguard the basic structure of the constitution” and an attempt to “misguide” people.
“The recent letter to CJI by ‘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 the constitutional rights; fundamental rights and democracy,” the AILU wrote in a statement released on March 29.
Further, the AILU underlined that the group of lawyers did not represent advocates and legal fraternity in India and their attempt to write a letter in the name of safeguarding judiciary is only a “camouflage” and a move to create a “false narrative”.
“The groups attempt in the name of safeguarding judiciary is only a camouflage and veiled browbeat against the judiciary as it exercises the power of judicial review in demonstration of independence and accountability of the judiciary. It is also an attempt to misguide the people with a false narrative projecting themselves- masquerading as saviour of judiciary,” the lawyers union wrote.
Referring to the electoral bonds issue and the stay on the Fact- Check Unit (FCU), the AILU mentioned that the group of lawyers have been behind all attempts to “overreach the judgment” of the Supreme Court in the electoral bonds case and were “irritated” by the stay on the FCU.
“The same group has been behind all attempts to overreach the most celebrated and seminal judgment of the Supreme Court in the recent times — election bond case, in collaboration with big corporate monopolists and other vested interest groups involved in the Election Bond quid pro quo and political corruption. They are instrumental to 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 are exposed before the Court; the Constitutional Bench presided over by CJI has deprecated the author of the letter in strongest terms,” the AILU wrote.
The lawyers union added, “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 AILU mentioned that the Narendra Modi government 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 AILU highlighted how the Union government has been indulging in “post-retirement appointment to judges” in order to “manipulate and interfere with independence of judiciary”. They cited the examples of Chief Justice Ranjan Gogoi who was nominated to Rajya Sabha post retirement and Justice Abdul Nazeer who was appointed as the governor of Andhra Pradesh within six weeks of his retirement.
The lawyers union also slammed the group of lawyers for never “raising voice” against violations to safeguard the judiciary and “vociferously supporting” the undemocratic and anti-constitutional ideas against the independence of judiciary.
“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,” the AILU wrote.
The lawyers union added: “Union Government has been dishonouring the collegium resolution on transfer/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.”
The AILU also highlighted that there have been instances that even after reiteration of the recommendation of the candidates by the collegium the Modi regime protracted the matter and ultimately refused to appoint the candidates.
