New Delhi: Eighteen retired judges of the Supreme Court and various high courts have issued a joint statement criticising Union Home Minister Amit Shah for his recent remarks on the apex court’s 2011 ruling that banned the state-backed vigilante group Salwa Judum in Chhattisgarh.

Shah had accused Justice B. Sudershan Reddy, who authored the judgment and is now the Opposition INDIA bloc’s vice-presidential candidate, of being influenced by “Naxalite ideology” and claimed the ruling “supported Naxalism.”

Judges Defend the Ruling

In their statement, the former judges said Shah’s remarks were a serious misinterpretation. They stressed that the verdict “nowhere supports, either expressly or by implication, Naxalism or its ideology.”

They added that while political campaigns may involve ideological debate, they must be conducted with civility and dignity. “Criticising the so-called ideology of either candidate should be eschewed,” the statement said.

Concern Over Judicial Independence

The signatories also warned that misrepresenting a Supreme Court ruling by a senior political leader could have damaging consequences.
“Prejudicial misinterpretation of a judgment of the Supreme Court by a high political functionary is likely to have a chilling effect on the judges of the Supreme Court, shaking the independence of the judiciary,” they noted.

They further urged political leaders to “refrain from name-calling” out of respect for the office of the Vice President.

The Salwa Judum Case

The 2011 verdict, delivered by Justice Reddy along with Justice S.S. Nijjar, declared the state’s use of armed civilian vigilante groups against Maoists unconstitutional. The case stemmed from a 2007 petition filed by activist Nandini Sundar and others highlighting human rights abuses against adivasis in the Bastar region.

Even before the 2011 ruling, earlier benches of the Supreme Court had questioned state support for the Salwa Judum, warning it amounted to abetting crime.

Signatories

Among those who signed the statement are former Supreme Court judges A.K. Patnaik, Abhay Oka, Gopala Gowda, Vikramjit Sen, Kurien Joseph, Madan B. Lokur, and J. Chelameswar. Former chief justices of high courts, including Govind Mathur, S. Muralidhar, and Sanjib Banerjee, as well as several retired high court judges, senior lawyer Sanjay Hegde, and academic Prof. Mohan Gopal also joined the statement.

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