- Fifty retired judges oppose 18 judges' mild criticism of Amit Shah's remarks on retd Justice Sudershan Reddy
- Justice Reddy, the opposition's vice presidential candidate, must face political scrutiny, they said
- Amit Shah had claimed Justice Reddy 'supported Naxalism' through the 2011 Salwa Judum verdict
Fifty retired judges have expressed "strong disagreement" with 18 colleagues' gently calling out Amit Shah for making 'supporting Naxalism' allegations at retired Supreme Court judge Justice B Sudershan Reddy, the opposition nominee for next month's vice presidential election.
In a letter released Tuesday afternoon the 50 judges - whose ranks include two ex-Chief Justices of India, P Sathasivam and Ranjan Gogoi, and former Chief Justices of the Jammu and Kashmir, Delhi, Bombay, and Kerala High Courts - said the remarks from the 18 were part of a "predictable pattern... to cloak political partisanship under language of judicial independence".
The 50 argued against the notion that judgements rendered by Justice Reddy should be shielded from criticism during his campaign to replace Jagdeep Dhankhar as Vice President of India.
"A fellow retired judge has chosen, of his own volition, to contest the election for the office of the Vice President. By doing so, he has stepped into the political arena as a candidate supported by the opposition. Having made that choice, he must defend his candidacy like any other contestant... in the realm of political debate," the 50 judges said in their letter.
"To suggest otherwise is to stifle democratic discourse and to misuse the cover of judicial independence for political convenience. Judicial independence is not threatened by the criticism of a political candidate," they wrote, " What truly tarnishes the reputation of the judiciary is when former judges repeatedly issue partisan statements..."
"As a result of these tactics, because of the fault of a few, the larger body of judges ends up being painted as partisan. This is neither fair nor healthy for India's judiciary or democracy."
The 50 concluded by "strongly" calling on judiciary colleagues "desist from lending their names to politically motivated statements" and said, "Let those who have chosen the path of politics defend themselves in that realm. The judiciary must be kept distinct from such entanglements."
What The 18-Judge Letter Said
The letter from the 18 was released Monday.
The judges, including former Supreme Court Justices Kurien Joseph and Madan B Lokur, said a "prejudicial misinterpretation" of any verdict could have a detrimental effect on the judiciary.
"The statement of Home Minister Amit Shah, publicly misinterpreting the judgment 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..."
Out of respect for the office of the Vice President, it would be wise to refrain from "name-calling".
What Amit Shah Said
The letters follow Amit Shah's broadside at Justice Reddy last week.
At an event in Kerala - where the Left is in power, the BJP and its muscular nationalism has never found traction, and which votes next year - the Home Minister referred to the judge's 2011 Salwa Judum verdict, in which he ruled against state-sponsored militia in Chhattisgarh.
READ | 'Sudershan Reddy Helped Naxalism...': Amit Shah On INDIA Bloc's Veep Pick
Mr Shah claimed Justice Reddy's ruling had set back efforts to combat Maoism in the state and he accused the former judge of using the Supreme Court to "support Naxalism". He claimed the militia could have wiped out the Maoist movement that remains a point of concern till today.
Amit Shah criticised the opposition's Veep pick over a 2011 verdict (File).
"Sudershan Reddy is the person who helped Naxalism. He gave the Salwa Judum judgment. If that judgement had not been given... Naxal terrorism would have ended by 2020. He is the person who, inspired by that ideology, gave the judgment," he said.
The Home Minister's comments came shortly after Justice Reddy spoke to NDTV and called for a "decent (and) respectable" contest between himself and the government candidate, Maharashtra Governor CP Radhakrishnan, a Tamil Nadu pick before the state election in 2026.
"No personal attacks are expected. I won't make any personal remark... and I hope Mr Radhakrishnan will also refrain..." Justice Reddy, who responded Monday.
What Sudershan Reddy Said
"I am not a Naxal supporter. The Salwa Judum judgment was not in favour of the Maoists. If it was, what has it not been challenged till now?" he asked in conversation with NDTV.
READ | "Constitution My Ideology": Opposition's Veep Pick On Salwa Judum Row
The VIce President Election
The election, scheduled for September 9, will see Justice Reddy contest the BJP pick. Much has been made about the southern origins of the candidates, particularly before the Kerala and Tamil Nadu polls.
Sources said the party picked Mr Radhakrishnan because he is from the latter, and it wanted to corner the ruling DMK over support for him versus toeing the opposition line.
READ | "No Ambiguity": BJP Ally Bites Bullet After INDIA's Andhra Pick For Veep
Initially expected to respond with a Tamil face of its own, the INDIA bloc finally settled on Justice Reddy, who is from Hyderabad, hoping to counter-trap the state's ruling Telugu Desam Party, a BJP ally.
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