Advocate Hitesh Jain, a member of the 23rd Law Commission of India, has backed the stand taken by a group of fifty-six retired judges, including two former Chief Justices of India, who said that any retired law professional entering politics should respond to criticism on their own, rather than being defended by former colleagues.
Reacting to the ongoing controversy involving Opposition INDIA bloc's Vice-Presidential candidate B. Sudershan Reddy and Union Home Minister Amit Shah -- who criticised Reddy for his decision to disband Salwa Judum, an armed group that assisted the Chhattisgarh police against Naxalite activities during his tenure as a judge -- Jain expressed disappointment over Justice Abhay Oka aligning with political activists like Justices Madan Lokur and S. Muralidhar.
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According to him, they no longer represent independent voices but have become part of a politically motivated lobby with the sole agenda of targeting Prime Minister Modi.
He said, "Of course, the Prime Minister can be criticised, but criticism cannot be the sole and exclusive agenda. It is important to unmask such activist judges."
Jain further stated, "More and more retired judges are openly behaving like political activists. From Justice Madan Lokur to Justice S. Muralidhar, Justice Sanjib Banerjee, and now Justice Abhay Oka, their interventions increasingly resemble partisan posturing rather than principled stands on judicial independence."
He emphasised that judicial independence "is not preserved through press conferences, interviews, or partisan letters. It is lived every single day in our district and magistrate courts, where the fate of millions of ordinary citizens is decided."
"These very judges, who now claim to be 'custodians of democracy,' remained conspicuously silent on real issues -- the state of the lower judiciary, delays in appointments, and the conditions under which justice is delivered to common citizens," Jain alleged.
He also questioned the selective nature of their interventions: "Have you noticed the trend in their interviews and comments, whether it is Justice Lokur or now Justice Oka? They repeatedly take up a few pending matters in the Supreme Court or questions around judicial elevations, and then frame the narrative of judicial independence on that narrow basis. Yet they hardly ever speak about reducing pendency, expediting hearings, or making justice accessible to the common man -- be it in possession disputes, property recovery, motor accident claims, or the plight of undertrials."
"In the last ten years, have they offered any constructive solutions to address these larger issues facing the judiciary? Have they used their experience to solve the problems of the ordinary litigant? The record shows nothing beyond platitudes in speeches," he added.
On 26 August, a group of fifty-six retired judges issued a statement expressing their 'disagreement' with another group of retired judges who had criticised Union Home Minister Amit Shah for his remarks on Opposition Vice Presidential candidate B Sudershan Reddy.