Petition alleges Gogoi’s nomination to Rajya Sabha by the President of India seems like a political appointment
Petitioner also seeks directions from the apex court to impose restrictions on granting post-retirement jobs to Supreme Court and High Court judges in consonance with the Lokpal and Lokayukta Act
Madhu Kishwar, professor at the Indian Council of Social Science Research, has filed public interest litigation in Supreme Court on Wednesday challenging former Chief Justice Ranjan Gogoi’s nomination as member of Rajya Sabha.
The 20 page petition has been filed in independent capacity and has not been drawn or filed through any advocate. Kishwar claims in her petition that Gogoi’s nomination to Rajya Sabha by the President of India seems like a political appointment. She also mentions that Gogoi in his tenure has passed some historic and landmark judgements. An appointment like this would casts a shadow of doubt on the credibility of the judgments delivered under his headship at the Supreme Court.
The petitioner also highlights the statement made by Gogoi during his tenure- “post retirement appointment is itself a scar on judicial independence of the judiciary". This statement makes it all the more befuddling since the Supreme Court judges are expected to work without fear or favour and remain above political divides or affiliation, says the petitioner.
Seeking a stay on the notification and appointment she contends that such a nomination “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."
She has also sought directions from the apex court to impose restrictions on granting post-retirement jobs to Supreme Court and High Court judges in consonance with the Lokpal and Lokayukta Act, 2013.
Gogoi was the 46th Chief Justice of India and held the post for a little over 13 months. In a notification issued by Home Ministry dated Monday, it was announced that President Ram Nath Kovind is nominating Gogoi to fill the vacancy originating due to retirement of one of the nominated members.