Collegium sticks to its guns: Again recommends advocate, who shared anti-Modi article, as judge of Madras HC

Collegium noted that though IB objected to Sathyan's social media posts, it said he had a good personal and professional image.

BySouth First Desk

Published Jan 19, 2023 | 9:01 PMUpdatedJan 19, 2023 | 9:01 PM

Advocate R John Sathyan Madras High Court Supreme Court Collegium

The Supreme Court Collegium has reiterated its earlier recommendation on appointing advocate R John Sathyan — who had shared an article critical of Prime Minister Narendra Modi on social media — as a judge of the Madras High Court.

Rejecting objections by the Intelligence Bureau (IB) to Sathyan’s social media posts, the three-judge Collegium on 17 January reiterated its 16 February, 2022, recommendation that he be appointed as high court judge.

The Collegium’s decision was posted on the Supreme Court website on Thursday, 19 January.

The Collegium, headed by Chief Justice DY Chandrachud and also comprising Justices Sanjay Kishan Kaul and KM Joseph, noted that the IB, even as it objected to Sathyan’s social media posts, has reported that he has a good personal and professional image, and nothing adverse has been found with regard to his integrity.

Collegium’s comments

“All the consultee-judges had a favourable opinion about the suitability of Shri Sathyan. The Intelligence Bureau has reported that he enjoys a good personal and professional image and that nothing adverse has come to notice against his integrity,” the resolution of the Collegium read.

“Shri Sathyan belongs to the Christian community. The IB report notes that he does not have any overt political leanings. In this backdrop, the adverse comments of the IB extracted above in respect of posts made by him… will not impinge on the suitability, character or integrity of Shri Sathyan,” it added.

“The Collegium is of the considered opinion that R John Sathyan is fit and suitable for being appointed as a judge of the Madras High Court. The Collegium, therefore, resolves to reiterate its recommendation dated February 16, 2022, for appointment of R John Sathyan, advocate, as a judge of the Madras High Court.”

‘Give him precedence’

The Collegium also recommended that Sathyan be given precedence in the matter of appointment as judge over certain names separately recommended for appointment as judges of the Madras High Court at the meeting held on 17 January.

The Collegium quoted the relevant section of the IB report submitted to it on advocate Sathyan: “As per open sources, two posts made by him, ie, sharing of an article published in The Quint, which was critical of the Prime Minister Narendra Modi; and another post regarding committing of suicide by medical aspirant Anitha, who ended her life in 2017 since she was unable to clear NEET, portraying it as a killing by ‘political betrayal’ and a tag stating ‘shame of you India’ came to notice’ came to notice.”

The Collegium said: “In this backdrop, the adverse comments of the IB extracted above in respect of posts made by him i.e. sharing an article published in The Quint and another post regarding committing of suicide by a medical aspirant candidate in 2017 will not impinge on the suitability, character or integrity of Shri Sathyan.

“In this view, the Collegium is of the considered opinion that Shri R. John Sathyan is fit and suitable for being appointed as a Judge of the Madras High Court.”