Former judges write to CJI Ramana over razing of UP houses
NEW DELHI: A group of former Supreme Court and high court judges, along with some senior advocates, wrote to chief justice of India (CJI) NV Ramana on Tuesday, urging him to take suo motu (on his own) cognisance of the Uttar Pradesh government’s clampdown following protests over controversial remarks on Prophet Mohammed. Former judges of the Supreme Court — justices B Sudershan Reddy, V Gopala Gowda and AK Ganguly — signed the letter along with former Delhi high court chief justice AP Shah and two former high court judges — justices K Chandru (Madras) and Mohammad Anwar (Karnataka). The signatories included former law minister Shanti Bhushan, lawyer Prashant Bhushan, and senior advocates Indira Jaising, Sriram Panchu, CU Singh, and Anand Grover.
“Such a brutal clampdown by a ruling administration is an unacceptable subversion of the rule of law and a violation of the rights of citizens, and makes a mockery of the Constitution and fundamental rights guaranteed by the State,” said the letter, addressed to the CJI.
UP police have arrested at least 333 people after registering multiple FIRS against those protesting and engaging in stone pelting. Authorities in Prayagraj, Kanpur and Saharanpur districts have demolished houses of people accused of violence.
“We are not supposed to file a formal petition as a letter petition in the nature of public interest litigation (PIL) is sufficient for the court to exercise its constitutional power and protect the rule of law in a democracy,” justice Gowda told HT. “In Uttar Pradesh, there is a procedure established under law which required advance notice and hearing before carrying out any demolition. This has not been followed. Due notice must be given and principles of natural justice should be followed.”
“The whole PIL movement started with a letter petition. It is just an appeal we are making to the Supreme Court as all of us are upset with what is happening in Uttar Pradesh. It is up to the CJI to take up the matter,” said justice Shah.
The letter made an urgent appeal to the CJI to take suo motu cognisance of the situation prevailing in Uttar Pradesh. “Instead of giving protesters an opportunity of being heard and engaging in peaceful protests, the UP state administration appears to have sanctioned taking violent action against such individuals,” it said. HT has seen a copy of the letter.
The former judges and senior lawyers demanded quick action. “The mettle of the judiciary is tested in such critical times. On many occasions, including in the recent past, the judiciary has faced such challenges and emerged with distinction as the custodian of the rights of the people,” the letter stated.