Plea In SC Challenges Nomination Of Ex-CJI Gogoi To Rajya Sabha; Says Crosses 'Yet Another Lakshman Rekha" [Read Petition]

A plea challenging the nomination of former Chief Justice of India Ranjan Gogoi to the Rajya Sabha has been filed by academician Madhu Purnima Kishwar in the Supreme court today.

Averring that the faith of citizens in the Judiciary is at stake following the nomination of an EX-CJI, the petition submits that this further casts aspersions on the independence of judiciary. In light of this, the Petitioner prays that it is imperative that the appointment of Gogoi as Rajya Sabha member be stayed.

Further, the petitioner has submitted that as it had been earlier stated by Gogoi that "post retirement appointment is a scar on the judicial independence of the country", such a decision becomes all the more controversial. The petitioner goes on to state that this further gives a boost to the "anti-India forces" which are highlighted as "Break-up" India Forces within the country to defame the highest judiciary.

"It has given a handle to the external enemies of India as well as Break Up India Forces within the country to defame and cast aspersions on the highest judiciary of India. This is amply evident from the adverse coverage of this appointment in the national and international media" it states.

Apropos to the above, Kishwar had tweeted on her twitter handle on Wednesday evening,

Kishwar, in her petition, has also highlighted the history of appointments of retired judges to the Rajya Sabha and how such appointments have aroused serious misgivings about juridical integrity among general public.

"Justice Baharul Islam, who retired from the Supreme Court in January 1983 and was nominated to the Upper House by the Indira Gandhi government in June 1983. This appointment was also viewed as a slur on judicial independence" the petition avers.

Equating the nomination of Gogoi to Rajya Sabha as crossing yet another "Lakshman Rekha", the petitioner adds that doing so is beyond the tenets of the Constitution.

"Because Article 50 of the Constitution directs that: The State shall take steps to separate the judiciary from the executive in the public services of the State"

The petitioner also mentions that restrictions on appointments of retired judges from Supreme court & High Court must be placed in line with the Lokpal and Lokayukta Act, 2013.

On Monday evening, the Centre notified that the President of India, Ram Nath Kovind, had nominated Gogoi as a member of the Rajya Sabha. This attracted disapproval from a myriad of sectors as being antithetical to independence of judiciary.

Ex-CJI Gogoi's Rajya Sabha Nomination Disturbs Public Faith In Judiciary

The petition states that this move has the colour of a "political appointment" and casts a shadow of doubt on the credibility of the judgments delivered under his headship of the Supreme Court"

It is said that all sections of the society had accepted the "historic verdicts" delivered by Justice Gogoi, regardless of their personal convictions, to uphold the majesty of the Court.

All those verdicts have now come under a shadow of doubt due to the "political nature of the appointment", states the plea.

"Because the nomination of Justice Ranjan Gogoi to Rajya Sabha crosses yet another Lakshman Rekha with regard to the independence and integrity of the judiciary. It has given a handle to the external enemies of India as well as Break Up India Forces within the country to defame and cast aspersions on the highest judiciary of India. This is amply evident from the adverse coverage of this appointment in the national and international media", stated the plea.

"Any act which creates any adverse impression on the independence of judiciary like the present one,  wherein EX- CJI has been nominated to Rajya Sabha, amounts to an assault on the independence of judiciary", the plea stated.

It is stated that Justice Gogoi's nomination is "befuddling" because he himself had observed that "there is a valid strong viewpoint that post retirement appointment is itself a scar on judicial independence of the judiciary".

According to her, Justice Gogoi's "cheerful and instant" acceptance of the nomination to Rajya Sabha comes as a huge disappointment. 

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