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This is an archive article published on March 18, 2023

A few retired judges part of ‘anti-India gang’ trying to turn judiciary against government: Kiren Rijiju

Invoking the constitutional “lakshman rekha” between different institutions, Kiren Rijiju asked if judges become part of administrative appointments, who would carry out judicial work.

kiren rijiju judiciary rahul gandhi opposition"There is a calibrated effort to undermine the Indian judiciary," Kiren Rijiju said. (Express file photo by Prem Nath Pandey)
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A few retired judges part of ‘anti-India gang’ trying to turn judiciary against government: Kiren Rijiju
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Even as he sharpened his attack on Congress leader Rahul Gandhi for his remarks in the UK on Indian democracy, Union Minister of Law and Justice Kiren Rijiju said Saturday that a few retired judges are part of an “anti-India gang” and are forcing the judiciary to play the role of an Opposition party. He warned that “those working against the country will have to pay a price”.

Speaking at the India Today Conclave in New Delhi, the Law Minister flagged what he called “a calibrated effort” to undermine the Indian judiciary and turn it against the government.

“Recently, there was a seminar on accountability of judges. But somehow the entire seminar became how the executive is affecting the judiciary. There are a few judges who are activists and are part of an anti-India gang which is trying to turn judiciary against the government like the Opposition parties,” Rijiju said.

“Some people even go to the Supreme Court and say please rein in the government. This cannot happen. Judiciary is neutral and judges are not part of any groups or political affiliations. How can these people openly say the Indian judiciary (should) take the government head on?” he said.

Referring to Rahul Gandhi’s recent remarks in the UK on Indian democracy, the Law Minister said efforts to undermine the Indian judiciary were being made both inside the country and abroad.

“Anybody, if Rahul Gandhi or anybody says that the Indian judiciary has been hijacked or that democracy is over in the country… the judiciary is dead, what does it mean? There is a calibrated effort to undermine the Indian judiciary. That is why day in and day out, they are trying to say the government is trying to take over the Indian judiciary,” Rijiju said.

“The same ecosystem is working inside India and outside India also. Remember, people of India are with Modiji and our government. We will not allow this tukde tukde gang to destroy India’s integrity and sovereignty,” he said.

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Responding to a question on the action taken by the government in this regard, he said: “Agencies will take action as per the provisions of law. Nobody will escape. Those who have worked against the country will have to pay a price for that.”

On the Supreme Court’s recent direction to the government to set up a panel, comprising the Prime Minister, Leader of Opposition and the Chief Justice of India, for appointment of the Chief Election Commissioner and Election Commissioners, the Law Minister invoked the Constitutional “Lakshman rekha” guiding different institutions.

“The appointment of Election Commissioners is prescribed in the Constitution. Parliament has to enact a law. Accordingly, the appointment has to be done. I agree that there is no enactment for that in Parliament, there is a vacuum. But what I am saying is that if the CJI or judges of India sit on every important appointment, who will carry forward the judiciary’s work?” he said.

He also criticised the Supreme Court Collegium’s decision to make public its reasons for reiterating the names recommended for appointment of judges and the government’s objections to some of them.

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“I have some names with me now and every name has lots of complaints by the colleague judges, the public, by associations and by the Bar. I do not make it public,” he said.

“If a judge has written an adverse comment against another judge I am not supposed to make it public. There has to be some probity in public life,” he said.

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