56 former judges denounce impeachment notice against Madras HC Judge GR Swaminathan

File

Fifty-six former judges on Friday wrote an open letter opposing the impeachment notice against Madras High Court judge Justice GR Swaminathan, which was moved by the opposition MPs in the Parliament.

In their statement, the former judges described the impeachment move as a "brazen attempt" to "browbeat judges" who do not align with the ideological or political expectations of a particular section of society.

"We, the former Judges of the Hon'ble Supreme Court and former Chief Justices and Judges of the Hon'ble High Courts, take serious exception to the attempt being made by certain Members of Parliament and other senior advocates to impeach Hon'ble Justice GR Swaminathan of the Madras High Court. This is a brazen attempt to browbeat judges who do not fall in line with the ideological and political expectations of a particular section of society. If such an attempt is permitted to proceed, it would cut at the very roots of our democracy and the independence of the judiciary. Even if the reasons mentioned by the signatory Member(s) of Parliament are taken at face value, they are wholly inadequate to justify resorting to such a rare, exceptional and serious constitutional measure as impeachment," said the statement.

They further warned that permitting an attempt to impeach a judge based on an alleged verdict would threaten the independence of the judiciary.

"The very purpose of the impeachment mechanism is to uphold the integrity of the judiciary, not to convert it into a tool of arm-twisting, signalling and retaliation. To wield the threat of removal as a means of compelling judges to conform to political expectations is to turn a constitutional safeguard into an instrument of intimidation. Such an approach is anti-democratic, anti-constitutional, and an anathema to the rule of law. The present attempt to impeach a sitting High Court judge for discharging his judicial duty is, therefore, not an isolated episode but part of a continuing assault on the dignity and independence of the judicial institution itself. Today, the target may be one judge; tomorrow, it will be the institution as a whole," said the statement.

The signatories also alleged that the move to impeach a sitting High Court judge is part of a continuing assault on the dignity and independence of judicial institutions. They emphasised that judges must remain answerable to their oath and to the Constitution of India.

"We therefore call upon all stakeholders, Members of Parliament across party lines, members of the Bar, civil society, and citizens at large, to unequivocally denounce this move and ensure that it is nipped in the bud at the very inception. Judges must remain answerable to their oath and to the Constitution of India, not to partisan political pressures or ideological intimidation. The message from all constitutional stakeholders must be clear and firm: in a Republic governed by the rule of law, judgments are tested by appeals and legal critique, and not by threats of impeachment for political nonconformity," added the statement.

Earlier, the Madurai Bench of the Madras High Court had directed that the lamp be lit at the hilltop temple. Acting on a petition filed by a right-wing activist, Justice GR Swaminathan had instructed state authorities to ensure that the sacred lamp was lit atop the hill. However, government officials maintained that this violated the longstanding practice of lighting the lamp at the nearby Deepa Mandapam, a ritual observed for several years.