The Supreme Court Collegium’s decision to recommend advocate Aarti Sathe as a Bombay High Court judge has sparked a row in Maharashtra, with questions being raised on whether the former BJP spokesperson would be impartial in her judgements.
Sathe was the spokesperson of the Maharashtra BJP until January 2024, when she resigned citing “personal and professional reasons”. She also resigned from the primary membership of the party and as head of its legal cell in Mumbai.
“It looks like the Supreme Court Collegium has come under BJP pressure. I urge Chief Justice of India B R Gavai to put his foot down and not come under any sort of pressure from the BJP,” Justice (retired) B G Kolse-Patil, a former Bombay High Court judge, said on Wednesday.
Kolse-Patil said it was “shocking that someone who has served as the spokesperson for a political party” has been picked for the post.
“As a political leader, she was doing her duty…nothing wrong in that. Suddenly, the same person is asked to do a fair job as a Bombay High Court judge. How is it possible? How can a person so attached to a political party deliver a judgment against the same party? How will she deliver fair judgments? This is unbecoming of the judicial system. The SC Collegium should review its decision,” he added.
Meanwhile, NCP (SP) MLA Rohit Pawar said the process to appoint a Bombay High Court judge began two years ago. The process involved verifying the qualification, experience and other details of the candidate, he added.
“Sathe’s interview must have been held. Was the Supreme Court Collegium not aware of her background as the BJP spokesperson? Was the collegium not aware of the fact that Sathe was arguing in favour of the BJP in the media? We will be sending a request to the Supreme Court to withdraw her appointment,” Pawar said on Wednesday.
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Pawar also questioned if Sathe would give a judgment against a BJP leader if such a situation arose. “There is room for doubt…How can we expect an impartial judgment?” he asked.
Vijay Kumbhar, vice-president, AAP, Maharashtra, said that while political loyalists have often been appointed to key posts, Sathe’s appointment “raises serious questions about the independence and impartiality of the judicial system”.
“All government appointments should be apolitical,” Kumbhar said, adding, “Only experts should be appointed to such posts. These posts are for experts and not for political rehabilitation. When you appoint a political loyalist to such key posts, it amounts to weakening democracy.”
