New Delhi, Aug 29 Senior advocate and member of the 23rd Law Commission of India, Hitesh Jain, has sharply criticised a section of retired judges and lawyers for what he described as “political activism under the garb of judicial independence”.
Reacting to recent interviews by retired Supreme Court judge Justice Abhay Oka -- who also signed a statement defending retired Justice Sudershan Reddy (Vice-Presidential candidate of the Opposition) -- Jain said the development was part of a “larger trend” where ex-judges increasingly resemble “political activists” rather than neutral commentators on the judiciary.
Jain named Justices Madan Lokur, S. Muralidhar, Sanjib Banerjee and Abhay Oka as part of this trend, arguing that their interventions often amount to partisan posturing. “Judicial independence is not preserved through press conferences, interviews, or partisan letters. It is lived every single day in our district courts and magistrate courts where the fate of millions of ordinary citizens is decided,” Jain said in his statement on X.
He questioned why such retired judges remain silent on systemic issues such as pendency of cases, delays in appointments, and the conditions of the lower judiciary. “In the last ten years, have they come forward with any constructive solutions? The record shows nothing beyond platitudes in speeches,” Jain remarked.
The Law Commission member also took aim at what he called a “predictable lobby” of activist lawyers, naming Indira Jaisingh, Prashant Bhushan and Sanjay Hegde. He accused them of rushing to the media whenever judicial elevations or judgments go against their preferences, declaring “democracy in danger” to push a partisan agenda.
Jain highlighted recent remarks by Indira Jaisingh questioning the prospective appointment of a Chief Justice from Gujarat, calling such comments “bizarre” and an example of hypocrisy within this lobby.
“Exposing this duplicity is important. They cannot bully the judiciary or use it as a shield to further partisan objectives,” Jain asserted, adding that it was “disappointing” to see Justice Oka join hands with what he described as a politically motivated group of retired judges.
While underlining that a Prime Minister can be criticised, Jain said, “That cannot be the sole and exclusive agenda. It is important to remove the mask from such activist judges.”
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