New Delhi: The Congress party has reacted strongly to Prime Minister Narendra Modi’s comment that to “browbeat and bully others is vintage Congress culture”. In a statement issued by Congress president Mallikarjun Kharge, he criticized the Prime Minister for commenting on the judiciary, deeming it inappropriate. Kharge accused PM Modi of encroaching upon institutional powers and weakening the nation.
Kharge’s Four-Point Response
Responding to PM Modi’s remarks, Kharge took to social media platform X, posing four direct questions and accusing the Prime Minister of undermining institutions. Kharge’s questions focused on key events and appointments, challenging the government’s actions and decisions.
PM @narendramodi ji,
You are talking about Judiciary.
1. You conveniently forget that 4 senior-most Supreme Court judges were forced to hold an unprecedented press conference and warn against “destruction of Democracy”. That happened under your regime.
One of the judges was…
— Mallikarjun Kharge (@kharge) March 28, 2024
Unprecedented Press Conference By 4 Judges
Kharge’s first query referenced the unprecedented press conference held in January 2018 by four Supreme Court judges, who raised concerns about the then Chief Justice of India, Dipak Misra. The independence of the judiciary, they emphasized, is paramount for a functional democracy.
Nomination Of Former Chief Justice To Rajya Sabha
Next, Kharge questioned the nomination of former Chief Justice of India Ranjan Gogoi to the Rajya Sabha in 2020. This move, unprecedented in Indian history, raised eyebrows and drew criticism, with Kharge highlighting the potential conflicts of interest.
Entry Of Former High Court Judge Into Politics
Kharge also raised concerns about the entry of former Calcutta High Court judge Abhijeet Gangopadhyay into electoral politics, questioning the motives behind such a move and its implications for judicial independence.
Scrutiny of National Judicial Appointments Commission (NJAC)
Additionally, Kharge queried the government’s introduction of the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court. Despite Congress’ support for the constitutional amendment bill in parliament, questions linger about the government’s intentions regarding judicial appointments.
600 Lawyers Write To CJI
The letter by over 600 lawyers, including veteran advocate Harish Salve and Bar Council chairperson Manan Kumar Mishra, alleged that a vested interest group is putting pressure on the judiciary, especially in cases of corruption involving political leaders. The lawyers highlighted several concerning methods, including the propagation of false narratives about a ‘golden era’ of the judiciary, aimed at discrediting current proceedings and undermining public confidence in the courts. The accusations include ‘bench fixing’, disrespectful comparisons of domestic courts to those in lawless regimes, and direct attacks on judges’ honour.
The letter accused that the tactics employed by the interest group involve selective criticism or praise of court decisions based on their political agenda, described as a “My way or the highway” approach. Concerns have also been raised about Political flip-flopping, where politicians alternate between accusing individuals of corruption and defending them in court.
The letter further highlighted, the use of underhand tactics and dissemination of false information to influence judicial appointments and outcomes. The lawyers note the strategic timing of these tactics around election periods, drawing parallels to similar activities in 2018-2019.
Senior members of the bar have requested the Supreme Court to take protective measures against these attacks to maintain the judiciary’s integrity. The letter calls for a united stand in support of the judiciary to ensure it remains a strong pillar of democracy, urging decisive leadership in addressing these challenges.