A group of eight former judges has written an open letter criticising the Opposition’s Vice Presidential candidate, Justice B. Sudarshan Reddy. The letter is regarding the meeting with Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav, who has been convicted in multiple fodder scam cases. 

The letter issued on Monday, 8th September, raises serious questions over Reddy’s meeting with the convicted criminal in the fodder scam and his suitability for the high constitutional post he is contesting for.

The judges expressed their strong disapproval of the private meeting between Reddy and Lalu Prasad, calling it “dismaying” and “dubious in nature.” They pointed out that Yadav, convicted in cases involving the embezzlement of nearly ₹940 crore from Bihar’s animal husbandry department, neither holds the position of a Member of Parliament nor is eligible to vote in the Vice-Presidential election. The letter said the meeting, therefore, could not be justified on electoral grounds and served no legitimate political purpose.

Concerns over judgment and propriety

The retired judges stated that a person of Reddy’s standing, a former Supreme Court judge now seeking to hold one of the most important constitutional posts in the nation, must not have had dealings with a convicted politician. The retired judges issued a warning that this kind of behavior doubts public confidence and questions his intentions and loyalties.

“It is particularly worrying that, despite his distinguished judicial background, Mr. Reddy has independently associated with an individual whose criminal actions have been confirmed by Indian courts,” the letter stated.

The judges also criticised the silence of political groups who, in their view, selectively raise their voices on questions of morality. They said this incident exposed the partisan approach of those who often present themselves as guardians of constitutional values. The letter went on to argue that Reddy’s actions amount to a fundamental lapse in judgment, one that the public must evaluate carefully before deciding whether he is fit for such a prestigious post.

Amit Shah’s attack on Reddy’s past judgment

The controversy around Reddy’s candidature is not new. On 22nd August, Union Home Minister Amit Shah had strongly criticised him during a conclave organised by Malayalam news outlet Manorama in Kochi. 

Shah accused Reddy of supporting left-wing extremism during his time as a judge by striking down Salwa Judum, the state-backed militia formed to counter Naxalites in Chhattisgarh.

“The opposition (Congress) vice presidential candidate, Sudarshan Reddy, is the same person who gave the Salwa Judum judgment in support of leftist extremism and Naxalism. If this had not been done, extremism would have been eradicated by 2020,” Shah said. He further said that Congress had fielded Reddy under pressure from its Left allies and warned that people of Kerala, who have suffered from Naxal violence, would see through this choice.

According to Shah, choosing Reddy for such an important constitutional post reveals the Opposition’s political priorities and its willingness to accommodate groups sympathetic to extremist ideologies.

Lalu Prasad Yadav’s fodder scam convictions

Lalu Prasad Yadav, with whom Reddy held the controversial meeting, has been convicted in several cases related to the infamous fodder scam. The scam involved the embezzlement of about INR 940 Crores of public funds from the State of Bihar. 

The scam happened in the 1990s undivided Bihar(the state was bifurcated in 2000 with the formation of Jharkhand) by generating fake bills for the animal husbandry department.

Lalu was first convicted on 30th September, 2013, and sentenced to five years in prison for fraudulent withdrawal of ₹37.7 crore from the treasury of Chaibasa. Conviction disqualified Yadav from elections for 11 years. 

In 2017, Lalu was convicted of fraudulent withdrawal of more than ₹89 lakh from the Deoghar treasury and sentenced to three and a half years’ imprisonment. He was released on bail in July 2021 after serving half the sentence.

In 2018, Lalu was convicted of the irregular withdrawal of ₹33.13 crore from the treasury of Chaibasa and sentenced to five years of imprisonment. In the same year, he was convicted in his fourth fodder scam case of fraudulent withdrawal of ₹3.76 crore from the treasury of Dumka. He was sentenced to 14 years of imprisonment, to which the special court (CBI) also added a fine of ₹60 lakh. He was released on bail in both cases.

In 2022, a CBI special court imposed a five-year prison term and ₹60 lakh fine for illicit withdrawals to the tune of ₹139.5 crore from the Doranda treasury. The sixth case, involving ₹46.98 lakh withdrawn from the Bhagalpur treasury, is at present under trial.

Lalu is at present on bail on health grounds, but the several convictions against him continue to serve as a grim reminder of one of India’s biggest corruption scandals.

Name of the judges who signed the letter

Former judges Justice S M Khandeparkar, Justice Ambadas Joshi, Justice R K Marthiya, Justice Devender Kumar Ahuja, Justice S N Dhingra, Justice Karam Chand Puri, Justice P N Ravindran and Justice R S Rathore signed the letter.

The combined action of these judges has put more pressure on the ballooning Reddy candidacy debate. Their objections, along with Amit Shah’s biting critique and the ongoing specter of Lalu Prasad Yadav’s criminal past, put the Opposition’s Vice Presidential candidate in the forefront of public and political examination.