News Brief
Political Leaning Not "Sufficient Reason": Supreme Court Collegium Allows 'CPI(M) Sympathiser' To Become Judge In Kerala High Court
Nishtha Anushree
Mar 13, 2024, 12:32 PM | Updated 12:32 PM IST
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The appointment of Manoj Pulamby Madhavan as a judge in the Kerala High Court was cleared by the Supreme Court on Wednesday (13 March) as the Collegium did not find his political background a "sufficient reason" for disqualification.
The Department of Justice had raised concerns about Madhavan's political leanings over his appointment as a judge as he was allegedly known to be a Communist Party of India (Marxist) sympathiser.
He also served as a government pleader under Kerala's Left Democratic Front (LDF) government. His political background came to light during the evaluation process for his potential appointment.
However, the Chief Justice of India (CJI) DY Chandrachud-led Collegium, comprising Justice Sanjiv Khanna and Justice BR Gavai, found these concerns as "extremely vague," LawBeat reported.
The Collegium noted that these reasons are insufficient to disqualify Madhavan and it is not inherent that having a political background will undermine the candidate's suitability for judicial office.
It was noted that the claim of Madhavan being a CPI(M) sympathiser was not supported by detailed evidence. His role as a government pleader was acknowledged to be a valuable experience.
Madhavan's background of coming from a Scheduled Caste (SC) and his law practice made him "worthy" of the appointment. His competence and conduct as a lawyer were weighed in to appoint him.
The Collegium also cited the example of Justice Victoria Gowri in the Madras High Court, without naming her and said that despite being an office bearer of a political party, she was elevated to the position of a judge.
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Nishtha Anushree is Senior Sub-editor at Swarajya. She tweets at @nishthaanushree.
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