'Criticism of government is neither unpatriotic, nor against nation': Senior lawyers issue joint statement

NEW DELHI: Senior advocates and lawyers, practising in the Supreme Court and various high courts, on Wednesday issued a joint statement condemning law minister Kiren Rijiju for his remarks that few of the retired judges have become part of "anti-India gang.
In a joint statement, 323 lawyers from across the country have reminded the law minister that criticism of the government is neither against the nation, nor unpatriotic, nor anti-India.

The legal experts deprecated the unwarranted attack launched against retired judges of apex court and said that the minister was sending a message to every citizen that no voice of dissent will be spared by threatening retired judges. They urged him to withdraw his statement.

"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," the statement said.
"Views expressed by former judges, responsible women and men who have shepherded the courts through thick and thin, even if such views are unpalatable to the ruling political dispensation, does 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 nation owes 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," they said.

The lawyers, including senior advocates Iqbal Chagla, Raju Ramachandran, Janak Dwarkadas, Kapil Sibal, Arvind Datar, Shriram Panchu, Abhishek Manu Singhvi, said that it is the basic human right of every citizen to dissent, criticise and peacefully oppose any government and its policies and "criticism of the government does not authorize a high state functionary to besmirch any individual’s patriotism".
They said that Prime Minister Narendra Modi had himself said that the toughest questions and criticism must be levelled against governments to keep them alert and responsive.
"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 said.
"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 statement said.
Rijiju had recently said that a few retired judges and some activists who are "part of the anti-India gang" are trying to make the Indian judiciary play the role of the opposition party.
"It is a few of the retired judges - maybe three or four - a few of those activists, part of the anti-India gang, these people are trying to make Indian judiciary play the role of the opposition party. Some people also go to the court and say please rein in the government, please change the policy of the government. These people want the judiciary to play the role of the opposition party, which cannot happen," Rijiju had said.
With his remarks drawing a lot of criticism, Rijiju denied any confrontation with the judiciary.
"We have differences, but it doesn't mean there is confrontation. It sends a wrong message across the world. I want to make it clear that there is no problem between different organs of the State. There are signs of robust democratic actions, which are not a crisis," he had said.