38.6c New Delhi, India, Monday, June 17, 2024
Judiciary

PIL Filed In SC Challenging Nomination Of Former CJI Ranjan Gogoi To Rajya Sabha

By LAWSTREET NEWS NETWORK      18 March, 2020 11:03 PM      0 Comments
PIL Filed In SC ChallengingNomination Of Former CJI Ranjan GogoiTo Rajya Sabha

On March 18, 2020, a Public Interest Litigation (PIL) has been filed by Madhu Purnima Kishwar(professor at the Indian Council of Social Science Research) in the Supreme Court challenging the nomination of former CJI Ranjan Gogoi as a member of the Rajya Sabha.

The 20-page petition has been filed in independent capacity and has not been drawn or filed through any advocate.

The strength of judiciary lies in the faith citizens of this country have in it, the petition states. It adds that any act which creates any adverse impression on the independence of judiciary like the present one, wherein former CJI has been nominated to Rajya Sabha, amounts to an assault on the independence of judiciary.

The PIL states that “… his (Gogoi's) nomination as a Rajya Sabha member by the President of India gives it the colour of a political appointment and therefore casts a shadow of doubt on the credibility of the judgments delivered under his headship of the Supreme Court.” 

It is further added that, “Justice (Retd.) Ranjan Gogoi’s acceptance of RS nomination is all the more befuddling since he himself pronounced that there is a valid “strong viewpoint” that “post retirement appointment is itself a scar on judicial independence of the judiciary”.

Further, the petitioner has submitted the controversial appointment has led certain sections fodder to cast aspersions on the independence of the judiciary. 

In this regard, the petition states,“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.”

The petitioner has prayed in the PIL that the appointment of Gogoi as a Rajya Sabha member be stayed.

The petition also mentions about other judges who have been appointed / nominated to the Rajya Sabha.

"The first recently retired judge nominated to the Rajya Sabha was 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. Later, ex Chief Justice Ranganath Mishra also secured a Rajya Sabha seat. But he did so by joining the Congress Party and winning his Rajya Sabha seat through election. But even that appointment aroused serious misgivings about judicial integrity among general public.reads the PIL.

On Monday (March 16, 2020) evening, the Central Government notified that the President of India, Ram Nath Kovind, had nominated Gogoi as a member of the Rajya Sabha.Gogoi was the 46th Chief Justice of India and held the post for a little over 13 months. 

Author: Aarya Mishra



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM

TOP STORIES

plea-filed-in-sc-for-fresh-neet
Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
plant-30-trees-delhi-hc-orders-senior-citizen-accused-of-outraging-womans-modesty
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
no-liability-under-ni-act-for-dishonoured-cheques-of-merged-banks-presented-after-validity-period
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
modi-30-cabinet-full-list-of-ministers-and-their-respective-portfolios
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email