NEW DELHI The maelstrom over advocate LC Victoria Gowri’s appointment as a judge in the Madras high court overshadowed the Union government’s decision to not follow the collegium’s recommendation to give precedence to elevating a Christian lawyer whose name was proposed for the second time on the same day that Gowri’s name was sent.
The government chose to not only keep the recommendation of advocate R John Sathyan pending while clearing five others for the high court, it also stamped out the collegium’s attempt to protect Sathyan’s seniority as a judge.
On January 17, the Supreme Court collegium had reiterated Sathyan’s name for his appointment in the Madras high court, repelling the Centre’s endeavour to stall his elevation over the two posts Sathyan shared on social media. One of these posts was an article critical of Prime Minister Narendra Modi and the second one pertained to a girl student committing suicide in 2017 after she was unable to clear NEET.
Stressing the importance 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 “will not impinge on the suitability, character or integrity of Shri Sathyan” as it stood by its recommendation dated February 16, 2022.
“Sathyan is fit and suitable for being appointed as a Judge of the Madras high court…The Collegium further recommends that he be given precedence in the matter of appointment as judge over certain names separately recommended today (Gowri, four other lawyers and three judicial officers) by this collegium for appointment as judges of the Madras high court,” stated the collegium’s resolution as it reiterated his name.
The government, citing IB’s objections, had returned Sathyan’s name for reconsideration in November 2022 after sitting over it for almost ten months. The collegium, however, resolved to send back his name, pointing out that not only all the consultee judges had a favourable opinion about suitability of the lawyer, the Intelligence Bureau too reported that he enjoys a good personal and professional image and that nothing adverse has come to notice against his integrity.
“Shri Sathyan belongs to the Christian community. The IB report notes that he does not have any overt political leanings. In this backdrop, the adverse comments of the IB extracted above in respect of posts made by him will not impinge on the suitability, character or integrity of Shri Sathyan,” underscored the collegium.
But the government on Monday chose to defy the collegium’s mandate to appoint Sathyan before others so that his seniority as a judge could be protected, and opted not to not to clear his appointment despite his being a case of reiteration.
The government also segregated the names and notified appointments of Gowri and two other lawyers out of the five advocates recommended by the collegium. Of the three judicial officers, it cleared the appointment of only two. All five were sworn in as additional judges of the Madras HC on Tuesday morning.
