Kerala HC advocates association opposes Sathasivam as Governor

After the All India Bar Association objected to Centre's move to appoint former CJI P Sathasivam as the Governor of Kerala, the Kerala High Court Advocates Association has also come out against the move.

Updated: Sep 03, 2014, 14:54 PM IST

New Delhi/Kochi: After the All India Bar Association objected to Centre's move to appoint former CJI P Sathasivam as the Governor of Kerala, the Kerala High Court Advocates Association has also come out against the move.

The association has requested President Pranab Mukherjee not to clear Sathasivam's appointment on the grounds that a person who held the highest judicial post in the country should not be appointed as Governor.

Earlier, Adish Aggarwala, Chairman of All India Bar Association, said government has repeatedly vowed to protect judicial independence and "certainly this (reported move to) appoint Justice Sathasivam within a few months after his retirement as CJI will create a dent in judicial independence".

However, in the letter, he said, instead the government could consider his candidature for the position of Lokpal, which is adjudicatory in function and is befitting to his stature of former CJI.

"Such an appointment is not upto the pleasure of the government and is apolitical," he added.

Further, the lawyer said in case Justice Sathasivam is appointed as Governor, the appointment will be challenged in an appropriate court.

Other leading voices of the judicial fraternity too have opposed the move.

Retired Supreme Court judges have opined that although it was Sathasivam's individual decision and there is no legal bar against such an appoitment but no judge should opt for such political positions as a post-retirement job.

Former CJI justice A M Ahmadi, said, "Normally retired judges from either high court or Supreme Court should not be in politics. There are some precedents and convention one has to follow."

While the BJP has defended the government's decision, there appears to a rift in the Congress over the issue.

While Senior leader Manish Tewari was quoted as saying that “Congress too appointed jurists to key posts", party spokesperson Anand Sharma stressed that Congress opposes move, and other views are personal opinion of individuals.