SC Collegium ignores Centre’s ‘input’ that candidate for Kerala HC judgeship is ‘considered a CPI(M) sympathiser’

The Supreme Court Collegium has brushed aside an “input” from the Department of Justice that a lawyer being considered for appointment as a Kerala High Court judge is “considered a CPI(M) sympathiser”

The Supreme Court Collegium has brushed aside an “input” from the Department of Justice that a lawyer being considered for appointment as a Kerala High Court judge is “considered a CPI(M) sympathiser”.

Recommending advocate Manoj Pulamby Madhavan for appointment as High Court judge, the Collegium led by Chief Justice of India D.Y. Chandrachud said having a political background is not always a “sufficient reason” to reject a person’s candidate as a judge.

The Collegium resolution of March 12 quoted from the Department of Justice’s communication, which said “Manoj Pulamby Madhavan is considered to be a CPI(M) sympathiser. He was appointed as Government Pleader in 2010 and 2016-2021 by the LDF government”.

The Collegium said the input was “extremely vague”. “Even otherwise, the mere fact that the candidate has had a political background may not be a sufficient reason in all cases,” it said.

“Similarly, that he was appointed as a Government Pleader in 2010 and 2016-2021 by the LDF government does not constitute a valid ground to reject his candidature. As a matter of fact, the appointment of the candidate as a Government Pleader would indicate that he would have acquired sufficient experience in handling cases where the State is a party in diverse branches of law,” the Collegium reasoned in favour of Mr. Madhavan, who is a Scheduled Caste community member.

The Collegium also reminded how recently an advocate was appointed a High Court judge despite being an office-bearer of a political party.

Justice L. Victoria Gowri was reportedly an office-bearer of the BJP Mahila Morcha before her appointment as a Madras High Court judge.