‘CPI(M) Sympathizer Extremely Vague’, SC Collegium Rejects Objection on Advocate as Kerala HC Judge

New Delhi: The Supreme Court collegium has turned down the Centre’s objection to the elevation of advocate Manoj Pulamby Madhavan as a judge of the Kerala High Court, saying that the candidate “is considered to be a CPI(M) sympathizer” is extremely vague.

The inputs provided by the Department of Justice in the file said: “Manoj Pulamby Madhavan is considered to be a CPI(M) sympathizer. He was appointed as Government Pleader in 2010 and 2016-2021 by the LDF Government.” Madhavan belongs to the Scheduled Caste community and has 35 reported judgments to his credit.

The collegium led by Chief Justice of India D Y Chandrachud said that this input that the candidate “is considered to be a CPI(M) sympathizer” is extremely vague. 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

The collegium said 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, also comprising justices Sanjiv Khanna and B R Gavai, in a resolution passed on March 12, said: “The input that the candidate is considered to be a CPI(M) sympathizer is otherwise vague and bereft of cogent grounds. Even otherwise, the mere fact that the candidate has had a political background may not be a sufficient reason in all cases”.

The collegium said, for example, in the recent past, an advocate has been appointed as a judge of the high court though she was an office bearer of a political party prior to her elevation. “In the present case, the candidate being a SC candidate with sufficient practice at the Bar is worthy of being appointed as a Judge of the High Court. His performance having been observed by the members of the Collegium of the High Court who had the occasion to observe his competence and conduct as a lawyer, their opinion should be given due weightage”, said the collegium, adding that the candidate is fit and suitable for appointment as a judge of the high court.

The collegium also recommended the elevation of advocates, Abdul Hakhim Mullappally Abdul Aziz, Syam Kumar Vadakke Mudavakkat, Harisankar Vijayan Menon, Manu Sreedharan Nair, and Easwaran Subramani, as judges of the High Court of Kerala.