Prophet remark row: Judges write to CJI, urge action on UP demolitions

While such a letter has been written to the prime minister in the past by retired bureaucrats, it is unusual for former judges to flag political issues

In an unusual move, several former Supreme Court and high court judges as well as senior advocates have written to the Chief Justice of India, NV Ramana, to intervene suo motu in the wake of incidents of violence and repression by state authorities on citizens.

While such a letter has been written to the prime minister in the past by retired bureaucrats (provoking a counter-campaign by other bureaucrats in support of the government), it is unusual for former judges to flag political issues.

The letter comes a day after Jamiat Ulama-I-Hind approached the Supreme Court for a stay on demolition of properties carried out by the Uttar Pradesh government against those arrested for causing violent protests last week. They were protesting against the derogatory remarks made about Prophet Muhammad by Bharatiya Janata Party (BJP) leaders Nupur Sharma and Naveen Kumar Jindal. Following international outrage against the remarks, the BJP suspended Sharma and expelled Jindal.

The UP police arrested more than 300 people and registered FIRs against those protesting and engaging in stone pelting.

The letter said: “Videos of young men in police custody being beaten with lathis, houses of protestors being demolished without notice or any cause of action, and protestors from the minority Muslim community being chased and beaten by the police, are circulating on social media, shaking the conscience of the nation.”

Twelve former judges and senior lawyers have signed the letter and have asked the Supreme Court to intervene to stop the “deteriorating law and order situation” in Uttar Pradesh. The retired former Supreme Court judges who have signed the letter are Justice B. Sudarshan Reddy, Justice V. Gopala Gowda and Justice A.K. Ganguly; Justice AP Shah (former chief Justice of Delhi High Court and former chairperson, Law Commission of India); Justice K Chandru (former judge of Madras High Court); Justice Mohammed Anwar (former judge of Karnataka High Court); and a host of senior advocates in the Supreme Court, including Shanti Bhushan, Indira Jaising, Chander Uday Singh, Prashant Bhushan, and Anand Grover.

The letter says instead of giving protestors an opportunity of being heard and to engage in peaceful protests, the state administration has sanctioned taking violent action against such individuals.

“The chief minister has reportedly officially exhorted officials “to take such action against those guilty that it sets an example so that no one commits a crime or takes law into their hands in the future. He has further directed that the National Security Act, 1980, and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be invoked against those found guilty of unlawful protests. It is these remarks that have emboldened the police to brutally and unlawfully torture protestors,” the letter reads.

The letter states that pursuant to the statement of the chief minister, more than 300 persons have been arrested and FIRs registered against protesting citizens.

“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,” the former judges and senior advocate said.

The coordinated manner, the letter reads, in which the police and development authorities have acted led to the clear conclusion that demolitions are a form of collective extrajudicial punishment, attributable to a slate policy which is illegal.

The letter reminds the CJI that 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. It cited the example of suo motu cognizance of the migrant crisis.

“Some recent examples are the suo motu actions taken by the Supreme Court in the migrant workers matter and in the Pegasus matter. In the same spirit, and in its role as custodian of the Constitution, we, therefore, urge the Supreme Court to take immediate suo motu action to arrest the deteriorating law and order situation in Uttar Pradesh, specifically involving the high-handedness of the police and state authorities, and the brutal clampdown on the fundamental rights of citizens. We hope and trust the Supreme Court will rise to the occasion and not let the citizens and the Constitution down at this critical juncture,” the letter urges.