Seven former High Court judges write to President, CJI, EC; asks them to be ready to defend and protect Constitution, democracy

New Delhi, June 3

Advertisement

Apprehending trouble in smooth transition of power in case the NDA lost the general elections, a group of seven former high court judges have written an open letter to the President, the Election Commission of India, the Chief Justice of India and his brother judges to be ready to defend and protect the Constitution and democracy.

“There was genuine concern about the way the General Election – 2024 is being conducted by the Election Commission of India (ECI) and that if the present ruling dispensation loses people’s mandate the transition of power may not be smooth and there could be a constitutional crisis,” wrote the group of former judges.

The signatories to the letter included Justice GM Akbar Ali, Justice Aruna Jagadeesan, Justice D Hariparanthaman, Justice PR Shivakumar, Justice CT Selvam and Justice S Vimala – all retired judges of the Madras High Court and former Patna High Court judge Anjana Prakash.

They sought to remind each of the authorities and institutions charged with the integrity of the process of democratic government formation of their paramount duty to abide by and uphold the Constitution of India.

However, they expressed hope that “our apprehensions are wrong and the elections would end smoothly with counting of votes and declaration of results done in a fair and honest manner and formation of parliament as well as transition of power taking place as per the mandate of the people without a hiccup. Nevertheless, the undersigned believe in the old adage- ‘prevention is better than cure!”

“Several events over the past weeks are making for a very grim storyline; one that may possibly end in a violent conclusion. These are genuine apprehensions in the minds of the vast majority of our people. Reputed civil and human rights organizations and activists have also echoed the same apprehension,” said the former judges who claimed to have no political affiliations.

They said the Election Commission’s refusal to disclose the exact numbers of votes cast in each booth of every constituency and to make form 17(C) of conduct of election rules available to the public, along with the minimal action taken against hate speech targeting minorities and opposition parties by senior leaders of the ruling party, were major concerns.

“At this critical juncture, the Supreme Court of India, as the final authority vested with power by “We, the People” to defend and protect the Constitution and democracy, should be ready to take proactive action to prevent any potential catastrophe or to address any monstrous situations that may arise during counting and declaration of results of candidates who have contested in Lok Sabha 2024 elections, requiring immediate intervention by the Honorable Supreme Court,” the letter read.

The former HC judges called upon the Supreme Court to ensure presence and attendance of the top five esteemed Justices of the Supreme Court even during the period of the ongoing summer vacation and be available to respond in the event of any constitutional crisis that might emerge in the present situation.