Retired SC, HC judges object to 'motivated campaign' against CJI Kant

New Delhi: Several retired judges of the Supreme Court and high courts issued a statement on Tuesday expressing "strong objection to the motivated campaign targeting Chief Justice of India Surya Kant in the wake of his remarks in proceedings concerning Rohingya migrants".

The statement noted that an open letter was issued on December 5 by some former judges, lawyers and the Campaign for Judicial Accountability and Reforms (CJAR), raising "deep concern at certain unconscionable remarks made about Rohingya refugees on December 2" by a top court bench that was hearing a plea alleging custodial disappearance of Rohingya refugees in India.

Underlining that "disparagement of the Supreme Court is unacceptable", the statement said judicial proceedings should only be subject to fair and reasoned criticism.

"What we are witnessing, however, is not principled disagreement but an attempt to delegitimise the judiciary by mischaracterising a routine courtroom proceeding as an act of prejudice.

"The Chief Justice is being attacked for asking the most basic legal question: who, in law, has granted the status that is being claimed before the court? No adjudication on rights or entitlements can proceed unless this threshold is first addressed," the statement said.

It said the campaign against the CJI omitted the bench's clear affirmation during the proceedings that no human being on Indian soil, citizen or foreigner, can be subjected to torture, disappearance or inhuman treatment, and that every person's dignity must be respected.

"To suppress this and then accuse the court of 'dehumanisation' is a serious distortion of what was actually said," the statement signed by more than 40 judges said.

It said if every "searching judicial question" on nationality, migration, documentation or border security is accused of hate or prejudice, judicial independence itself would be at risk.

"We therefore affirm our full confidence in the Supreme Court and in the CJI, condemn motivated attempts to distort the court's remarks and personalise disagreement into attacks on individual judges; and support consideration of a court-monitored SIT into the illegal procurement of Indian identity and welfare documents by foreign nationals who have entered Bharat in violation of law," the statement said.

It said the country's constitutional order require both humanity and vigilance.

"In upholding human dignity while safeguarding national integrity, the judiciary has acted in accordance with its oath. It merits principled support, not vilification," the statement said.