'Political Browbeating': 56 Former Judges Sign Petition Supporting Madras HC Judge Justice G.R. Swaminathan

New Delhi: In a fresh development in the Justice G.R. Swaminathan row, 56 judges from the Supreme Court and various High Courts have signed a protection backing the controversial Madras High Court Judge calling the attempts by certain MPs in the Parliament to impeach him “a brazen attempt to browbeat judges”. 

"This is a brazen attempt to browbeat judges who do not fall in line with the ideological and political expectations of a particular section of society. If such an attempt is permitted to proceed, it would cut at the very roots of our democracy and the independence of the judiciary. 

Referring to the mechanisms undertaken during the Emergency against judges who refused to “toe the line,” specifically the sidelining of Justice H.R. Khanna after his dissent in the ADM Jabalpur case, the petition pointed out that these are reminders about “how political overreach can damage judicial independence.”

The petition also mentioned that this is not an isolated move but a deliberate attempt to “discredit” the higher judiciary whenever the judicial outcomes are not favourable to them.

“It fits into a clear and deeply troubling pattern in our recent constitutional history, where sections of the political class have sought to discredit and intimidate the higher judiciary whenever outcomes do not align with their interests,” it said.

Citing some examples. the petition mentioned instances of initiating impeachment proceedings in 2018 against then Chief Justice of India Dipak Misra, the campaigns directed at Chief Justices Ranjan Gogoi, S.A. Bobde and Dr. D.Y. Chandrachud when they were in office, and the attacks now being faced by Chief Justice of India Justice Surya Kant.

Pointing out that it is an attempt to strike at the heart of judicial independence, the petition stated that “it is an attempt to weaponise impeachment and public calumny as instruments of pressure.” It said that the impeachment mechanism is being used as a “tool of arm-twisting, signalling and retaliation,” and the practice is “anti-democratic, anti-constitutional, and an anathema to the rule of law.”

It called upon all stakeholders, like all MPs regardless of party lines, members of the Bar, civil society, and the citizens, to denounce the impeachment proceedings against Justice Swaminathan and ensure that it is “nipped in the bud.”

The 56 judges who signed the petition included former Supreme Court Judges Justice Adarsh Goel, Justice Hemant Gupta, former Chief Justice of Rajasthan High Court Anil Deo Singh, former Chief Justice Patna High Court  Narsimha Reddy, among other.

Speaking to Republic TV, former High Court Judge Justice SN Dhingra strongly opposed the impeachment move saying, "This has never happened before. This is demeaning the Parliament. People must rise against this arm twisting and browbeating."

"They (opposition MPs) tried to in impeach Justice Deepak Misra. Only because he was hearing the Babri case," Justice Dhingra said. Calling the move unprecedented, he said, "This has never happened before. This is demeaning the Parliament. People must rise against this arm twisting and browbeating"

In a snub at the Opposition, Justice Dhingra said that they should read the Constitution. “It is unthinkable that Parliament wants to destroy the Judiciary. Impeachment is not meant for this. They should read the Constitution of India. This kind of impeachment move has never happened before,” he said.

Continuing his attack at the Opposition, Dhingra said, “Inside the court, they browbeat the case. They say- We wont argue today. Now these MPs are attacking judges. They should read the Constitution. This is a demeaning move by the Opposition. This is unprecedented,” adding, "This has to be condemned. And should be suppressed by the Supreme Court."

Justice Dhingra further claimed that since the Opposition does not have enough numbers they are now targeting the judiciary to appease their electorate.

"Opposition doesn’t have the numbers. Hence they do this," "Using judiciary as a took to appease their electorate," he said.

Here's What The Opposition Did

Over 100 Opposition leader, including the Congress' Priyanka Gandhi and Samajwadi Party chief Akhilesh Yadav presented an impeachment motion to Lok Sabha Speaker Om Birla for the removal of Madras High Court Justice G.R. Swaminathan. The MPs had earlier submitted a 13-point representation to the President and Chief Justice of India, but they claimed that no action was taken the concerned judge. They claimed that there has been a "continuous communal bias" on the part of Justice Swaminathan and hence they are forced to formally move impeachment proceedings. 

The MPs claimed that the allegations raised serious questions on impartiality, transparency and secular functioning of the judiciary. They have also accused Justice Swaminathan of prioritising selective cases. 

According to some reports, among one of the allegations leveled against him, it mentioned that he even prioritised listings and time slots for a specific group of advocates, particularly from the Brahmin community and those aligned with right-wing ideologies. The MPs also reportedly claimed irregularities in the handling of first appeals and the appointment of amicus curiae. It also claimed that he favoured some groups of advocates.

What Is The Deepam Row

The Madurai Bench of the Madras High Court had directed the lighting of the Karthigai Deepam on the Deepathoon atop the Thiruparankundram hill while the Tamil Nadu government has not allowed it, triggering a massice row. An appeal was filed against the Madurai Bench's order permitting the lighting of the Deepam on the hill lamp post of Arulmigu Subramaniyaswami Temple from this year onwards.

The Madurai bench had ordered that the petitioner, along with ten other persons may be allowed to go to the hilltop to light the Deepam. It also directed the Central Industrial Security Force (CISF) personnel to provide necessary security for the process.

The lamp-lighting procedure was always prevented by the Tamil Nadu government though a court order allowed the ritual. Recently, some Hindu organisations have been staging protests against the state government's refusal to permit the ritual. 

The petitioner, Rama Ravikumar, had filed a petition in the Madurai bench of the High Court seeking contempt of court action against the Tamil Nadu government concerning the Thiruparankundram Karthigai Deepam celebration. The case was heard on Wednesday. 

Judge G.R. Swaminathan, who the particular judge involved who heard the case and in turn ordered the Executive Officer of the Thiruparankundram Temple and the Madurai City Police Commissioner to appear via video conferencing at 6:05 pm.

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