The Supreme Court Collegium has termed as vague, the objection raised by the Central government over the appointment of a High Court judge, saying that political affiliation of a candidate could not be considered as a sufficient reason to reject anyone’s nomination.
The Collegium made the observation while referring to its resolution of March 12, 2024, wherein it recommended the name of Manoj Pulamby Madhavan for appointment as Judge of the Kerala High Court.
Headed by Chief Justice D.Y. Chandrachud and comprising Justice Sanjiv Khanna, Justice Bhushan Ramkrishna Gavai, Justice Surya Kant and Justice Aniruddha Bose, the Collegium evaluated and scrutinised all the materials available on record, while considering the name of Madhavan as Kerala High Court judge, says it’s March 12 resolution.
The Department of Justice raised objection to the recommendation on the grounds that Madhavan was a CPI(M) sympathiser and was appointed as a Government Pleader in 2010 and 2016-2021 by the LDF Government.
The five-member Apex Court body noted that the observation that Madhavan was a CPI(M) sympathiser was ‘extremely vague’.
It said the mere fact that the candidate has had a political background may not be a sufficient reason in all cases to reject his appointment as a judge. Besides, the input that the candidate was a CPI(M) sympathizer was otherwise vague and bereft of cogent grounds.
Making an indirect reference to the appointment of Justice Victoria Gowri in 2023 to the Madras High Court, the Collegium said that in the recent past, an Advocate was appointed as a Judge of the High Court, though she was an office bearer of a political party prior to her elevation.
The Collegium further said that the appointment of Manoj Madhavan as a government pleader did not constitute a valid or sufficient ground to reject his candidature. In fact, this indicated that the candidate might have acquired sufficient experience in handling diverse types of cases where the State was a party.
Being an SC candidate with sufficient practice at the Bar was worthy of being appointed as a Judge of the High Court, it added.