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regular-article-logo Friday, 20 September 2024

Separation norms sacred no more: PM Modi's visit to CJI's residence triggers criticism

The Campaign for Judicial Accountability and Reforms, headed by civil liberties activist and lawyer Prashant Bhushan, said the meeting had set “an unwarranted precedent”

Our Bureau New Delhi Published 13.09.24, 07:01 AM
Prime Minister Narendra Modi attends the Ganpati Puja at the residence of Chief Justice of India DY Chandrachud in New Delhi on Wednesday.

Prime Minister Narendra Modi attends the Ganpati Puja at the residence of Chief Justice of India DY Chandrachud in New Delhi on Wednesday. (PTI picture)

Prime Minister Narendra Modi’s visit to Chief Justice of India D.Y. Chandrachud’s Delhi residence on Wednesday to attend a Ganesh Chaturthi celebration has triggered criticism from lawyers’ bodies, activists and Opposition members who have said the meeting raises questions about judicial independence.

The Campaign for Judicial Accountability and Reforms, headed by civil liberties activist and lawyer Prashant Bhushan, said the meeting had set “an unwarranted precedent”.

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“This perception undermines the perception of judicial independence, raises critical questions about the separation of powers and the impartiality of the judiciary,” the CJAR said.

“The CJAR therefore urges judges of the Supreme Court and the High Courts to be mindful of the potential for such events to set a trend across states, where Chief Justices may meet Chief Ministers and other political figures in informal settings, shattering people’s faith in judiciary.

“This is a serious issue that threatens the democratic principles of judicial independence and must be addressed promptly to preserve the integrity and credibility of judiciary.

“CJAR appeals to the Bar and the legal community that it must stand united in ensuring that the judiciary remains free from any influence, perceived or real, and retains the confidence of the people in its role as an impartial guardian of justice.”

Shiv Sena (Uddhav Balasaheb Thackeray) MP Sanjay Raut cited the meeting to express concern about the fate of his party’s challenge in the Supreme Court to the Maharashtra Speaker’s order acknowledging the Eknath Shinde faction as the “real” Shiv Sena.

“The CJI should distance himself from this case because his relation with the other party in the case (the BJP is an ally of Shinde’s faction) is openly visible,” he told reporters.

“Will CJI Chandrachud be able to give us justice in such a situation? We are getting dates after dates and an illegal government is continuing to function.... The CJI, who is supposed to give us justice, bonded with the PM yesterday in such a manner that there is doubt in the minds of the people of Maharashtra.”

The Telegraph reached out to the CJI for his views on the issue, but there was no response till late in the evening.

Supreme Court Bar Association (SCBA) president Kapil Sibal said the meeting, even if it concerned a private event, had sent out a wrong signal, particularly in the context of the upcoming elections in Justice Chandrachud’s home state of Maharashtra.

Sibal acknowledged that Justice Chandrachud was a “man of great personal integrity” but added: “I was really surprised when I saw the clip going viral.”

The video clip of the meeting went viral after it was posted on Modi’s X handle.

Sibal, suggesting that the CJI might not have known that the private matter would be made public, said: “It was not proper for the Prime Minister to make a spectacle of a private affair.”

He cautioned that the meeting had the potential to hurt the image of judicial institutions.

He, however, clarified that he was speaking in his “individual capacity” and not as SCBA president.

Senior advocate Indira Jaising said: “(The) Chief Justice of India has compromised the separation of powers between the Executive and Judiciary. Lost all confidence in the independence of the CJI. The SCBA must condemn this publicly displayed compromise of Independence of the CJI from the Executive.”

A statement from the All-India Lawyers Union said: “Prime Minister Narendra Modi’s visit and participation in Ganesha Pooja at the residence of CJI DY Chandrachud is highly improper and an act impacting — prejudicially affecting — the trust and confidence of the general public, ‘We the people of India’, in the judiciary and its independence.”

The statement, issued by the organisation’s president Bikash Ranjan Bhattacharyya and general secretary P.V. Surendranath, added: “It’s not a state-national function like ‘Independence Day’ or ‘Republic Day’ celebration to join the head of political executive — Prime Minister of India — and the head of the judiciary, Chief Justice of India (CJI).

“It’s (a) purely private religious function at the residence of CJI; it is something beyond expression of ‘civility’. Such an incident would not happen casually without planning and initiation either from the executive — Prime Minister or the CJI.

“(The) CJI ought not to have permitted or caused such things to happen — such things which would affect the trust and confidence of the people in the judiciary and its independence. Any act impinging (on) the independence of judiciary from within or without is anathema to the ethos of the constitution. We express our deep-felt protest.”

RJD parliamentarian Manoj Jha said: “The independence of every institution shouldn’t be only theoretical, it should be visible. Attending a Ganpati Pujan is a very personal issue; however, it sends out an uncomfortable message.”

Bar Council of India chairman Manan Kumar Misra, however, defended the CJI and the Prime Minister.

“Where is it written that such acts compromise the separation of powers? (There’s) no bar (on the) heads of judiciary, executive attending social and religious functions together,” Misra said.

Union minister Bhupender Yadav attacked the critics of the meeting, choosing to view their objections in a Hindu-Muslim context. “The same people who applaud and encourage the presence of Prime Ministers at Iftars find their guts twisting and turning when they see PM Modi perform Ganpati Poojan at CJI DY Chandrachud’s residence,” he tweeted.

“The executive and judiciary praying before Gods revered by crores of devotees across India reflects the real strength of Indian secularism. Deal with it.”

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