Ex-SG seeks to retract candidature for SC judge post

Subramanium was rejected by law ministry

Former Solicitor General (SG) and senior lawyer Gopal Subramanium on Wednesday requested Chief Justice of India (CJI) R M Lodha to “withdraw” the recommendation of the collegium for his elevation as judge of the apex court.

In a letter to the CJI, Subramanium expressed deep anguish over the Modi government’s rejection of his candidature, despite the collegium's recommendation, by citing reports of the CBI and Intelligence Bureau against him.

Alleging a “dirt-digging exercise” by the new government, Subramanium said that the candidature of a judge of the Supreme Court should be decided with "some kind of sacredness and should not be bashed about." Subramanium told the CJI that the law minister had initiated an inquiry "with a clear mandate to describe me as unsuitable."

Subramanium said he had assisted the Supreme Court as amicus curiae in the Sohrabuddin Sheikh fake encounter case, where BJP general secretary Amit Shah, the then Gujarat home minister, came under scrutiny.

Subramanium was instrumental in the apex court ordering a CBI probe into the case. The former solicitor general said he is being targeted for displaying "independence and integrity".

"I have no personal vengeance or grudge against Amit Shah," he said in the letter which talked about his "serious doubts" about the new government's ability to respect the "independence, integrity and glory" of the judiciary.

A few days ago, President Pranab Mukherjee cleared the names of senior advocate Rohinton Nariman and the Chief Justices of the Calcutta and Orissa High Courts, Arun Mishra and Adarsh Kumar Goel respectively, for appointment as judges of the Supreme Court.

Their names were forwarded to the President by the Law Ministry even as it turned down the elevation of Subramanium, who was among the four names recommended by the Supreme Court collegium last month.

Subramanium, who quit as SG after differences with the UPA government in 2011 , said: "I am fully conscious that my independence as a lawyer is causing apprehensions that I will not toe the government line. This factor has been decisive in refusing to appoint me."

Subramanium said he has been let down by the judiciary as no one raised their voice against the government. Subramanium’s tenure saw a controversy after he convened a joint meeting of the lawyer of former telecom minister A Raja, an accused in the 2G scam.