New government accused of interfering with

judicial independence
BY FRANK JACK DANIEL-NEW DELHI Thu Jun 26,
2014
(Reuters) - Prime Minister Narendra Modi faces accusations his government ran a
campaign to block the appointment of a Supreme Court judge it believed as biased
against it! fuelling a debate about judicial independence in the orld"s largest
democrac#$
%opal Subramanium! a former solicitor-general ho as invited in Ma# to join the
court! accused the government of undermining his appointment through malicious
leaks to the media because of his involvement in murder cases brought against a ke#
aide of Modi$
&('t is) the fear of independence and independent thinking!& Subramanium told
Reuters on (hursda#! after ithdraing his candidac# through an open letter to the
court on )ednesda#$ &(he eakening of institutions is a serious concern$&
*a Minister Ravi Shankar Prasad declined to comment on the case hen asked b#
reporters$
Modi thundered to electoral victor# last month on a reputation for decisive rule! after
his predecessors helped to turn an economic boom into the longest slump in groth
since free market reforms in +,,+$
-etractors call him autocratic! hoever! citing a clampdon on environmental
activists such as %reenpeace and a number of police cases related to anti-Modi
postings in social media$ .mnest# 'nternational on (hursda# deplored &a groing
trend of intolerance toards dissent and criticism!& in recent eeks$
'ndia"s Supreme Court has a histor# of judicial activism that is often a nuisance for
governments$ -uring the last administration it took the government to task over
corruption and human rights$
&(he Supreme Court in 'ndia has pla#ed a ver# significant role in the protection of
human rights! and the government must take all steps to maintain the independence of
the judiciar#!& Meenakshi %angul#! South .sia -irector of /uman Rights )atch! told
Reuters$
Since taking office a month ago! Modi"s government has been criticised for seeking the
resignation of state governors appointed b# the last government! as ell as 0uickl#
replacing or putting pressure on the heads of nominall# autonomous bodies$
(he previous government as notorious for politicising organisations! including the
countr#"s top police investigative agenc#! and man# observers had hoped Modi"s
administration ould behave differentl#$
&1# reducing these institutions to mere politics! e shrink them in the long run!&
Pratap 1hanu Mehta of the Centre for Polic# Research rote in a column last eek that
e2pressed disappointment ith Modi"s approach$
'n recent eeks! nespapers have run a series of stories based on leaked intelligence
reports! including one suggesting that Subramanium had accepted membership to an
e2pensive health club paid b# a defendant in a prominent case$
Subramanium has orked on some of the countr#"s highest profile and most sensitive
terrorism and corruption cases$ /e represented the last government for several #ears
as solicitor-general$
/e denies an# rongdoing! sa#ing the stories ere planted to turn public opinion and
make it harder for the court to make him a judge$ /e said he ithdre to ensure there
ould not be a cloud over his name and to dra attention to the pressure being applied
on the judiciar#$
34(R.-56-'C'.* 7'**'N%
1efore becoming prime minister! Modi headed the government in %ujarat for +8 #ears$
(here! ith the help of close aide .mit Shah! he successfull# purged members of the
rival Congress part# from politicall# influential cooperatives and sporting bodies$
Shah! ho as a ke# campaign manager during the general election and is idel#
tipped to become president of Modi"s 1harati#a 5anata Part#! is fighting three charges
of murder related to e2tra-judicial killings in %ujarat$ /e denies the charges and sa#s
the# are politicall# motivated$
Subramanium assisted the Supreme Court in the investigation that led to the charges
against Shah and believes his role in the case as the reason for the campaign against
him$
&(he events of the past fe eeks have raised serious doubts in m# mind as to the
abilit# of the 32ecutive %overnment to appreciate and respect the independence!
integrit# and glor# of the judicial institution!& he rote in the letter$
9ther members of the judiciar# and activists also reacted angril#$ Supreme Court
la#er Sanja# /egde compared the situation to 6$S$ -emocrats vilif#ing Robert 1ork
in +,:; to successfull# end his nomination to the Supreme Court$
&(his as a nefarious design of the e2ecutive! in hich the e2ecutive succeeded!& said
R$S$ Sodhi! a retired judge of the -elhi /igh Court$
(3diting b# 5ohn Chalmers! *arr# 7ing)