42 Retired Judges In Open Letter Defend Election Commission Amid SIR Row: 'Calculated Campaign Without Evidence'

(MENAFN- Live Mint) A group of 42 retired judges has come out in support of the Election Commission of India (ECI), refuting the opposition's criticism of the poll body and backing the special intensive revision (SIR) of electoral rolls as a lawful process.

In an open letter addressed to the "people of India", the former Supreme Court judges, along with retired chief justices and judges of various high courts, said they were not speaking in support of any political party. However, they felt the need to voice their concerns because "silence is no longer a neutral choice".

The retired judges alleged that constitutional institutions in India are facing a "sustained attack", with the Election Commission being a key target of the criticism.

Quick answers to key questions

.5 QUESTIONS1What did 42 retired judges say about the Election Commission and the SIR?⌵

They backed the Election Commission and described the Special Intensive Revision (SIR) of electoral rolls as a lawful process. They also called the allegations against constitutional institutions a“campaign without evidence.”

2Why did retired judges defend the Election Commission amid the SIR controversy?⌵

They said criticism of institutions is a democratic right, but warned that unsupported public accusations and denigration go beyond legitimate scrutiny. They said they felt compelled to speak because“silence is no longer a neutral choice.”

3Is the Special Intensive Revision of electoral rolls allowed under electoral law?⌵

The retired judges said electoral law gives the Election Commission provisions to revise electoral rolls whenever required. They cited previous revisions as precedent for the exercise.

4What are opposition leaders alleging about the SIR and Chief Election Commissioner Gyanesh Kumar?⌵

INDIA bloc leaders have alleged that Kumar is manipulating electoral rolls to favour the BJP and have called for his resignation. The BJP and the Election Commission have dismissed the allegations.

5Have electoral rolls been revised before the current SIR?⌵

Yes. The retired judges said electoral roll revisions had been conducted several times since India's first general election, with the most recent exercise before the current one taking place around two decades ago.

According to news agency PTI, in the letter dated October 7, the signatories said: "Even the higher judiciary, which we hold in high esteem, and statutory agencies have not been spared."

The former judges said questioning constitutional institutions was part of democratic discourse, but expressed concern that authorities were increasingly being labelled“thieves”,“puppets” and“compromised” without these claims being proven in a court of law.

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The former judges also expressed concern over criticism directed at other institutions. "Even the higher judiciary, which we hold in high esteem, and statutory agencies have not been spared," the letter said.

'Campaign without evidence'

According to them, the criticism went beyond legitimate scrutiny and had taken the form of a“calculated campaign” fuelled by vested political interests. They warned that such attacks could have serious consequences for "destabilising the world's largest democracy".

The retired judges termed the allegations against the Election Commission and other constitutional institutions a "campaign without evidence".

While acknowledging that questioning institutions was part of democratic rights, they said such criticism should not turn into public attacks. "Criticism of institutions is a democratic right. Denigration is not. Constitutional authorities are now branded 'thieves', 'puppets' and 'compromised' from public platforms," they said.

Also Read | SIR row: SC refuses to suspend CEC Gyanesh Kumar, issues notices to EC, Centre

Defending the SIR, the former judges pointed to provisions in electoral law that allow the Election Commission to revise electoral rolls whenever required.

They also noted that such revisions have been conducted several times since India's first general election, with the most recent exercise having taken place around two decades ago.

"No one called those revisions a conspiracy," they said.

INDIA bloc protests against CEC Gyanesh Kumar

Leaders of the opposition INDIA bloc have alleged that Chief Election Commissioner (CEC) Gyanesh Kumar is manipulating electoral rolls to favour the BJP and have called for his resignation. The BJP and the Election Commission have both dismissed the allegations.

The protests intensified in Delhi on Tuesday when INDIA bloc MPs marched from Parliament, while Congress leader Rahul Gandhi staged an eight-hour sit-in at Akashvani Bhawan. The demonstrations moved to nearby Jantar Mantar on Wednesday, where Gandhi and other opposition leaders held a street protest against Kumar before police detained them later in the evening.

Thursday marked the third consecutive day of protests in the national capital, with senior opposition leaders continuing their agitation against the Election Commission.

(With inputs from news agencies)

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