Activist moves Supreme Court against Ranjan Gogoi's nomination as Rajya Sabha member

Social activist Madhu Kishwar on Wednesday approached the Supreme Court seeking a direction to stay the nomination of former Chief Justice of India Ranjan Gogoi to Rajya Sabha, saying it amounted to an assault on the independence of the judiciary.

In a writ petition, she asked the court to extend the application of Section 8 of the Lokpal and Lokayukta Act, 2013, which barred its chairman and members from re-employment or taking any assignments as diplomat and Governor and other posts, on ex-judges of the Supreme Court and high courts.

“When a recently retired justice of the Supreme Court has been nominated to Rajya Sabha or given a political portfolio, it has created great consternation among informed citizens,” she said in her petition.

Given a “controversial” background Justice Gogoi’s “cheerful and instant acceptance” of the nomination to Rajya Sabha came as a huge disappointment. It has already hit headlines in the international media and cast a shadow on the integrity of the judiciary, her petition stated. The Constitution explicitly barred employment of Comptroller and Auditor General and members and chairman of Union and State Public Service Commissions on ceasing their office. But in the case of judges, there was no such provision as they were expected to conduct themselves even after their retirement so to not create an adverse impression about the independence of the judiciary.

Kishwar said previous instances of Justice Baharul Islam's nomination to the Upper House, in June 1983 and ex CJI Ranganath Mishra's election on Congress ticket to Rajya Sabha created "a slur on judicial independence" and "aroused serious misgivings about judicial integrity among general public".

She contended Justice Gogoi’s acceptance of RS nomination was all the more befuddling since he himself pronounced that there was a valid “strong viewpoint” that “post-retirement appointment is itself a scar on judicial independence of the judiciary”.

Justice Gogoi, who demitted office as the CJI in November 2019, is expected to take oath as a nominated member of RS on Thursday.