Government is not nation, lawyers tell Kiren Rijiju

'It is no part of his duty to single out some retired judges with whose opinion he might disagree, and to issue public threats of action by law enforcement agencies against them'

Kiren Rijiju.

R. Balaji   |   TT  |  New Delhi   |    30.03.23  : Over 320 lawyers from across the country on Wednesday condemned the remarks by Union law minister Kiren Rijiju who bracketed former Supreme Court judges critical of the government with an “anti-India gang” and threatened them with action.

“He must remember that the government of the day is not the nation, and the nation is not the government,” the lawyers said in a statement.

They described as “unwarranted attack” the comments made by Rijiju at a conclave telecast live by a media house.

The statement said allegations of anti-nationalism against those who have dedicated their lives to upholding the rule of law, and the naked threat of reprisals against them, “marks a new low in the public discourse of our great nation”.

“We are compelled to remind Shri Rijiju that as a Member of Parliament, he is sworn to uphold and bear true faith and allegiance to the Constitution of India, and as Minister of Law and Justice, it is his duty to protect the judicial system, the judiciary and the judges, both past and present. It is no part of his duty to single out some retired judges with whose opinion he might disagree, and to issue public threats of action by law enforcement agencies against them,” the lawyer’s statement said.

The signatories to the statement included lawyers Dushyant Dave, Kapil Sibal, Abhishek Manu Singhvi, Arvind Datar,  Iqbal Chagla, Raju Ramachandran, C.U. Singh, Meenakshi Arora and R. Vaigai.

The statement referred to Rijiju’s speech on March 18 at the conclave, where he referred to a “few retired judges”, who till recently occupied high constitutional offices, as being part of an “anti-India gang”.

“By bracketing the critics, that too without naming them, as an anti-India gang, the Minister has transgressed all limits of constitutional propriety by claiming that the members of this ‘anti-India gang’ wanted to ‘make the judiciary play the role of the Opposition’.”

He threatened the retired Supreme Court judges, saying that “no one will escape” and “those who work against the country will pay the price”.

By threatening the retired judges, the law minister is clearly sending a message to every citizen, that “no voice of dissent will be spared”, the statement said.

“We condemn these remarks in unambiguous terms. Such hectoring and bullying are unbecoming of the high office held by the Minister. We may remind the Minister that criticism of the government is neither against the nation, nor unpatriotic, nor ‘anti-India’. He must remember that the government of the day is not the nation, and the nation is not the government. And of course, he will do well to remind himself of what Prime Minister Modi said on Network18 in September 2016, and again in his reply to the Motion of Thanks to President Smt. Draupadi Murmu on the floor of the Lok Sabha a couple of months ago: that the toughest questions and criticism must be levelled against governments, as that is the only way in which governments are kept alert and responsive,” the statement said.

It added: “We unhesitatingly state that critics of the government are every bit as patriotic as those in government; and critics who highlight failures or shortcomings in the administration, or violations of constitutional norms, are exercising an inherent and most basic human right, and one which his Ministry is charged with protecting, freedom of speech and expression.”

The statement reminded the minister that under “our constitutional scheme, the space for criticism of the government is neither reserved for exercise in Parliament or legislatures alone nor is it confined to any particular class of persons or barred to any other”.

“The right of every citizen to dissent, criticise and peacefully oppose any government and its policies or functioning is an inherent basic human right, which is also Constitutionally protected. Criticism of the government does not authorise a high state functionary to besmirch any individual’s patriotism.

“Views expressed by former judges, responsible women and men who have shepherded the courts through thick and thin, even if such views be unpalatable to the ruling political dispensation, do not entitle the Minister to make such outrageous comments. These unacceptable threats meted out against retired judges have the effect of inciting the public against our judges and judicial system and deserve to be strongly condemned,” the signatories said.

They said the nation owed “a debt of gratitude to our retired Judges, and it matters not whether one might individually agree or disagree with the views of an individual judge, whether serving or retired.

“The Hon’ble Law Minister cannot fail to recall the words attributed to Voltaire, and to remind himself that a Law Minister, more than any other, must unfailingly stand up for those words: ‘I disagree with what you say, but I will defend to the death your right to say it’.

“The Hon’ble Minister must realise that by virtue of his office, he is the bridge between the executive and judicial wings of the state, and that he must therefore maintain a dignified public discourse.”

The lawyers urged the minister to publicly withdraw his remarks and refrain from making such remarks in the future.