‘Calculated campaign driven by vested political interests’: 42 former Judges write open letter against targeting of ECI by Opposition and attempt to destabilise India

On Wednesday (7th October), 42 former Judges wrote an open letter to the people of India in defence of the country’s constitutional institutions, which are currently under attack from the Opposition.

“We write because, in moments like these, silence is no longer a neutral choice. Our concern is grave. India’s constitutional bodies are under sustained attack. The Election Commission of India stands at the centre of this assault. Even the higher judiciary which we hold in high esteem, and statutory agencies have not been spared,” they wrote.

“These attacks are not reasoned critique. This appears to be a calculated campaign driven by vested political interests, with little regard for the potentially devastating consequences of destabilising the world’s largest democracy,” the ex-Judges stated.

They further pointed out that constitutional authorities are being denigrated as ‘thieves’, ‘puppets’ and ‘compromised.’ The former Judges added that claims of ‘vote chori’ are not made before courts but at press conferences.

“Officers who conduct our elections are named, shamed and openly warned of reprisal once power changes hands…When the Commission seeks a sworn declaration, none is filed. Electronic Voting Machines are blamed only after defeat. Victories won on the same machines go unquestioned. A party that governed this nation for over five decades now claims that the very system which elected it is rigged,” they stated.

“They file petition, one after the other. They seldom file proof. The courtroom becomes a stage, and when the judgment is delivered, it is criticised whenever it does not serve their interests,” the former Judges exposed their modus operandi.

They highlighted that the Special Intensive Revision (SIR) of electoral rolls is valid under Section 21(3) of the Representation of the People Act, 1950. “The last SIR was completed about two decades back. No one called those revisions a conspiracy,” they pointed out.

“A clean roll protects every genuine vote.The highest court in the land has spoken. The Supreme Court upheld the SIR as lawful and within the Commission’s powers. It held that the exercise was founded on a legitimate purpose. It found adequate safeguards of notice, hearing, objection and appeal. It held that the SIR advances the constitutional imperative of free and fair elections. The campaign of casting suspicion continues unabated, regardless of facts or consequences,” the ex-judges added.

They have made distinct appeals to political parties, media, constitutional bodies and citizens.

  • To political parties: Contest elections. Do not delegitimise them. Take your grievances to the Commission and the courts, with evidence.
  • To the media: Do not amplify conjecture and speculation without first scrutinising and verifying the claims you report. A headline is not evidence, and repetition does not make an allegation the truth.
  • To constitutional bodies: Stand firm, remain transparent, address legitimate concerns with clarity, and stay above the political fray.
  • To our fellow citizens: Verify the facts before acting on them. Do not let anyone convince you that your vote is meaningless. Your vote is your voice, and it matters.

A total of 42 former Judges signed the open letter. Their names and designations are listed below:

S.NoTitleNameDesignation
1JusticeHemant GuptaFormer Judge, Supreme Court of India
2JusticePankaj MittalFormer Judge, Supreme Court of India
3JusticeB C PatelFormer Chief Justice, J&K and Delhi High Court
4JusticeSubhro Kamal MukherjeeFormer Chief Justice, Karnataka High Court
5JusticePermod KohliFormer Chief Justice, Sikkim High Court
6JusticeS.M SoniFormer Judge Gujarat High Court & Lokayukta State of Gujarat
7JusticeS.N. DhingraFormer Judge, Delhi High Court
8JusticeKrishna S DixitFormer Judge, Karnataka & Orissa High Court
9JusticeSridhar RaoFormer Judge, Karnataka High Court
10JusticeR.S. RathoreFormer Judge, Rajasthan High Court
11JusticePrashant Kumar AgarwalFormer Judge, Rajasthan High Court
12JusticeK K TrivediFormer Judge, M.P High Court
13JusticeD K PaliwalFormer Judge, M P High Court
14JusticeRakesh SaksenaFormer Judge, M.P High Court
15JusticeRajendra KumarFormer Judge, M P High Court
16JusticeSubhash SamvatsarFormer Judge, M P High Court
17JusticeVed Prakash SharmaFormer Judge, M P High Court
18JusticeAlok VermaFormer Judge, M P High Court
19JusticeI S ShrivastavaFormer Judge, M P High Court
20JusticeSubhash SakrikarFormer Judge, M P High Court
21JusticeS P KhareFormer Judge, M P High Court
22JusticeP N SinghFormer Judge, M P High Court
23JusticeDevender Kr AroraFormer Judge, Allahabad High Court
24JusticeSurendra Vikram Singh RathoreFormer Judge, Allahabad High Court
25JusticeS N SrivastavFormer Judge Allahbad High Court & Lokayukta, State of Chattisgarh
26JusticeRamesh Kumar MerathiaFormer Judge, Jharkhand High Court
27JusticeKaram Chand PuriFormer Judge, Punjab & Haryana High Court
28Justice(Mrs) Raj Rahul GargFormer Judge, Punjab & Haryana High Court
29JusticeC V Nagarjuna ReddyFormer Judge, Andhra High Court
30JusticeVinod GoelFormer Judge, Delhi High Court
31JusticeG P MittalFormer Judge, Delhi High Court
32JusticeV B GuptaFormer Judge, Delhi High Court
33JusticeDeepa SharmaFormer Judge, Delhi High Court
34JusticeP.N RavinderanFormer Judge, Kerala High Court
35JusticeJyothindranathFormer Judge, Kerala High Court
36JusticeLokpal SinghFormer Judge, Utrakhand High Court
37JusticeSubash ChandraFormer Judge, Utrakhand High Court
38JusticeVivek Bharti SharmaFormer Judge, Utrakhand High Court
39JusticeNarender KumarInstitutions
40JusticeRajender KumarFormer Dist & Session Judge & Adjudicating Officer, Gurugram RERA Authority
41JusticeSubhash BatraFormer Member (Legal), PNGRB
42JusticeJ A P ShrivastavaFormer Judge MP High Court