Former Judges’ Participation in VHP Event Raises Concerns Over Judicial Independence

September 11, 20245 min readOpinion
Mazhar

Mazhar

Staff Writer

Former Judges’ Participation in VHP Event Raises Concerns Over Judicial Independence

Former Supreme Court judge Justice Hemant Gupta and almost 30 other retired judges attended a "Judges Meet" in New Delhi organized by the Vishwa Hindu Parishad's (VHP) legal cell, raising worries about India's judiciary's independence and impartiality. The gathering on Sunday featured debates on concerns highlighted by Hindutva groups, including as the Varanasi and Mathura temple conflicts, the Waqf (Amendment) Bill, and religious conversions, among others. Union Law Minister Arjun Ram Meghwal, who also attended the meeting, showed photos of notable VHP leaders including Alok Kumar and Surendra Jain. According to Meghwal, retired judges, jurists, prominent lawyers, and intellectuals attended the meeting to explore judicial changes aimed at transforming India into a developed country. The attendance of former judges at a VHP-organized event has prompted concerns about the judiciary's apparent independence, especially because the Supreme Court is already under fire for its handling of politically sensitive issues. Critics contend that the involvement of former judges in meetings organized by a party like the VHP, which has been accused of orchestrating anti-Muslim riots and hate campaigns, weakens public faith in the Justice Hemant Gupta, who retired from the Supreme Court in October 2022, is best known for his contentious decision supporting the Karnataka High Court's verdict in the Hijab ban case, which prevented students from wearing the hijab in educational institutions. Rights advocates and legal experts criticized the ruling, claiming that it violated Muslim women's fundamental rights. Justice Gupta justified his attendance, saying, "I attended this function as a citizen of India. As for retired judges attending such gatherings after retirement, I cannot speak on others, but I have the freedom to participate in platforms and forums to discuss and deliberate on current issues and themes just like any other citizen of the country." The debates at the gathering, especially those about the Waqf (Amendment) Bill and temple control, show the VHP's ongoing attempt to influence policies that support its Hindutva ideology. The VHP, a prominent Hindutva organization, has a long history of pushing for Hindu nationalist interests, frequently at the expense of minority rights. The engagement of retired judges in these talks raises worries about the judiciary's perceived affiliation with ideologies and political movements. The participation of former judges, particularly those who have made controversial remarks during their tenure, further complicates the narrative around judicial impartiality. Justice Gupta, for instance, has made several statements that have been criticized for reflecting a bias, including remarks like “Secularism was not there in the original Constitution” and comments about Sikhism being ingrained in India as opposed to Islamic practices. The judiciary’s perceived reluctance to act decisively against instances of state overreach, such as the use of bulldozers to demolish properties without due process, has already drawn criticism. The Supreme Court’s inaction on such issues has been viewed as a failure to uphold the rule of law, particularly when these actions disproportionately affect marginalized communities. The involvement of former judges with groups like the VHP only deepens concerns that the judiciary is losing its independence and becoming susceptible to political and ideological influences. The participation of retired judges in such forums not only questions the impartiality of past decisions but also casts a shadow over ongoing judicial reforms. The nature of the discussions at the VHP event suggests that the proposed reforms may be ideologically motivated rather than aimed at genuinely enhancing the judicial system’s independence and effectiveness. The participation of former judges in such ideologically charged events not only undermines the perception of judicial neutrality but also raises broader concerns about the direction of judicial independence in a democratic society.

Mazhar

About Mazhar

Mazhar is a seasoned journalist covering global politics.

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