The maelstrom over advocate LC Victoria Gowri’s appointment as a choose within the Madras excessive court docket overshadowed the Union authorities’s choice to not comply with the collegium’s advice to offer priority to elevating a Christian lawyer whose title was proposed for the second time on the identical day that Gowri’s title was despatched.
The federal government selected to not solely hold the advice of advocate R John Sathyan pending whereas clearing 5 others for the excessive court docket, it additionally stamped out the collegium’s try to guard Sathyan’s seniority as a choose.
Additionally learn | Biggest duty: Justice Victoria Gowri on changing into Madras HC choose
On January 17, the Supreme Courtroom collegium had reiterated Sathyan’s title for his appointment within the Madras excessive court docket, repelling the Centre’s endeavour to stall his elevation over the 2 posts Sathyan shared on social media. One in every of these posts was an article crucial of Prime Minister Narendra Modi and the second pertained to a woman scholar committing suicide in 2017 after she was unable to clear NEET.
Stressing the significance of free speech, the collegium, comprising Chief Justice of India Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul and KM Joseph, maintained that sharing of the posts “won’t impinge on the suitability, character or integrity of Shri Sathyan” because it stood by its advice dated February 16, 2022.
“Sathyan is match and appropriate for being appointed as a Choose of the Madras excessive court docket…The Collegium additional recommends that he be given priority within the matter of appointment as choose over sure names individually beneficial at this time (Gowri, 4 different attorneys and three judicial officers) by this collegium for appointment as judges of the Madras excessive court docket,” said the collegium’s decision because it reiterated his title.
The federal government, citing IB’s objections, had returned Sathyan’s title for reconsideration in November 2022 after sitting over it for nearly ten months. The collegium, nonetheless, resolved to ship again his title, stating that not solely all of the consultee judges had a beneficial opinion about suitability of the lawyer, the Intelligence Bureau too reported that he enjoys a very good private {and professional} picture and that nothing adversarial has come to note in opposition to his integrity.
“Shri Sathyan belongs to the Christian neighborhood. The IB report notes that he doesn’t have any overt political leanings. On this backdrop, the adversarial feedback of the IB extracted above in respect of posts made by him won’t impinge on the suitability, character or integrity of Shri Sathyan,” underscored the collegium.
However the authorities on Monday selected to defy the collegium’s mandate to nominate Sathyan earlier than others in order that his seniority as a choose may very well be protected, and opted to not to not clear his appointment regardless of his being a case of reiteration.
The federal government additionally segregated the names and notified appointments of Gowri and two different attorneys out of the 5 advocates beneficial by the collegium. Of the three judicial officers, it cleared the appointment of solely two. All 5 had been sworn in as further judges of the Madras HC on Tuesday morning.