Supreme Court Collegium Says Centre Should Have Notified John Sathyan's Appointment Before Clearing Later Proposals; Expresses Concerns At Withholding Of Names

In a resolution passed yesterday, the Supreme Court Collegium has made certain strong critical remarks against the Central Government for selectively approving names, by withholding certain other names which were recommended for elevation earlier in time. The Collegium comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph flagged the issue of Centre overlooking reiterated names and said that it is a "matter of grave concern". 

The resolution specifically mentioned the case of Advocate John Sathyan, whose name has not been approved by the Centre for appointment as a Madras High Court judge, despite the Collegium having reiterated his recommendation on January 17. Although the collegium had specifically stated that Sathyan should be given precedence over other names which have been recommended for the first time, the Centre ignored this and notified the appointments of the later proposals, including the controversial appointment of Justice L Victoria Gowri. The Centre had objected to Sathyan's appointment on the ground that he had shared an article which was critical of the Prime Minister. This objection was overruled by the Collegium, which found Sathyan to be a suitable candidate.

In the meeting held on March 21, the Collegium proposed the elevation of four judicial officers to the Madras High Court. In that resolution, the collegium made the critical observations against the Centre for withholding names. The resolution stated :

"The Collegium is of the considered view that necessary action for the issuance of a notification for the elevation of persons who have been recommended earlier in point of time should be taken at the earliest including the name of Shri R John Sathyan which has been reiterated by this Collegium on 17 January 2023. The names which have been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them. Loss of seniority of candidates recommended earlier in point of time has been noted by the Collegium and is a matter of grave concern".

The Collegium resolved to recommend that S/Shri (i) R Sakthivel, (ii) P Dhanabal, (iii) Chinnasamy Kumparappan and (iv) K Rajasekar, Judicial Officers, be appointed as Judges of the Madras High Court. 

Read the resolution here