SIR row: 42 former judges warn against undermining ECI in open letter
Synopsis
Key Takeaways
Forty-two former judges, including former justices of the Supreme Court and several High Courts, on Thursday, 8 October 2026, issued a strongly worded open letter expressing grave concern over what they described as a sustained campaign to delegitimise the Election Commission of India (ECI), the judiciary, and other constitutional institutions. The letter comes amid mounting political controversy over the Special Intensive Revision (SIR) of electoral rolls.
What the Letter Says
The signatories took sharp exception to allegations of “vote theft” being levelled without supporting evidence, warning that repeatedly branding constitutional authorities as ‘thieves’ and ‘compromised’ risks corroding public trust in democratic institutions.
“Criticism of institutions is a democratic right. Denigration is not,” the letter stated. Among those who signed were former Supreme Court Justices Hemant Gupta and Pankaj Mittal.
The letter also defended the SIR as a legally established exercise aimed at ensuring clean and accurate voter rolls. “Trust is the currency of democracy,” the signatories warned, cautioning that attempts to delegitimise elections could fuel public unrest and embolden what they called “archaic elements.”
High Court Chief Justices Among Signatories
The letter carries the signatures of three former High Court Chief Justices: B.C. Patel, former Chief Justice of the Jammu & Kashmir and Delhi High Courts; Subhro Kamal Mukherjee, former Chief Justice of the Karnataka High Court; and Permod Kohli, former Chief Justice of the Sikkim High Court. Other signatories include former High Court judges and members of statutory bodies and regulators.
BJP Strikes Back at Opposition Protests
The open letter emerged on the same day that Bharatiya Janata Party (BJP) national president Nitin Nabin launched a sharp attack on Leader of Opposition Rahul Gandhi over the Opposition’s ongoing protests against Chief Election Commissioner (CEC) Gyanesh Kumar.
“I would say these are people with an anarchist mindset, who know only how to spread poison in society. After all, this very Election Commission conducted the elections in Kerala,” Nabin told reporters.
He added: “It also conducted the elections in Tamil Nadu, where they came to power. If he has the courage, Rahul Gandhi should first resign. The public is fully watching the game he is playing. This Leader of the Opposition is engaged in shielding infiltrators.”
How Wednesday’s Protest Unfolded
The BJP’s remarks followed a protest on Wednesday in which Rahul Gandhi, Congress General Secretary Priyanka Gandhi Vadra, and other INDIA bloc MPs attempted to march towards Jantar Mantar to demonstrate against CEC Gyanesh Kumar. Delhi Police detained the group after a bus carrying them was intercepted near Janpath.
Nabin challenged the Opposition directly, saying: “They are trying to take away the rights of the people. We are trying to give them their rights back. I believe that people who belong here have the right to the country’s resources.”
What This Signals
The open letter from former members of the judiciary represents a rare and pointed intervention by the legal fraternity into an active political dispute. Notably, it arrives at a moment when Opposition pressure on the ECI has intensified, with successive protest marches and public statements questioning the credibility of electoral processes. The confrontation between the ruling coalition and the INDIA bloc over the SIR and the CEC’s conduct is unlikely to ease ahead of upcoming state elections.