‘Rethink’: Opposition questions naming of BJP ex-spokesperson as Bombay HC judge

On July 28, the Collegium approved the proposal for the appointment of advocates Sathe, Ajit Bhagwanrao Kadethankar and Sushil Manohar Ghodeswar as judges of the Bombay High Court.

With over 20 years of experience as a lawyer, Sathe primarily dealt with tax disputes with specialisation in Direct Tax matters, cases before the Securities and Exchange Board of India (SEBI), Securities Appellate Tribunal (SAT) and Customs, Excise and Service Tax Appellate Tribunal (CESTAT), along with matrimonial disputes before the Bombay High Court.

On Tuesday, NCP ( SP) MLA  and general secretary Rohit Pawar questioned Sathe’s appointment, underlining that the judiciary is supposed to be free and impartial. He also posted on X a screen shot to highlight that Sathe was affiliated to the ruling BJP and was spokesperson of the party.

“The appointment of a person who advocates for the ruling party from a public platform as a judge is the greatest blow to democracy… The judge is a highly responsible position which should be impartial. When someone is appointed as judge from the ruling party, it raises a serious question mark on neutral position and also democratic process,” Pawar said.

While stating that he was not objecting to Sathe’s qualifications, Pawar sought reconsideration of the decision to recommend her as a judge and said the Chief Justice “should also provide guidance on this matter”.

Sathe could not be reached for comment.

The state BJP dismissed the NCP (SP) leader’s charge as baseless, maintaining that the recommendation of Sathe as judge was purely on merit within the given framework.

Incidentally, Sathe’s father Arun Sathe is also a well known lawyer. He has been associated with the RSS and BJP. In the past, he served as a member of the BJP national executive.

State BJP media cell in-charge Navnath Ban said, “Aarti Sathe had already resigned as BJP spokesperson a few years ago. She had absolutely nothing to do with the party. As a result, there are no reasons to question her credentials as a judge of the High Court.”

Keshav Upadhye, chief spokesperson of the state BJP, said Aarti Sathe’s name was recommended a year and half after she resigned from the party.

“She now has no connection with the BJP. The Congress party and Rohit Pawar are criticising her recommendation, which was made as per the decision of the judges’ Collegium,” Upadhye said on X.

Upadhye said persons with political backgrounds had been appointed judges in the past too. He said Pawar should respond to the past incident of the appointment of Justice Baharul Islam who, according to Upadhye, had stints in the Congress before and after becoming a judge.

The Bombay High Court is presently functioning with 66 judges – 50 permanent judges and 16 additional judges. The sanctioned strength of the court is 94.