Lawyers say no to former CJI P. Sathasivam as NHRC chief

The row over his appointment as Kerala Governor by the Modi government had just died down when a new one has erupted with the centre's move to make him the Chairman of National Human Rights Commission.

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Former Chief Justice of India P. Sathasivam

Sathasivam has reportedly given his consent to the Centre to be considered for the post of NHRC chief.

Former Chief Justice of India P. Sathasivam and controversies seem to be almost inseparable.

The row over his appointment as Kerala Governor by the Modi government had just died down when a new one has erupted with the centre's move to make him the Chairman of National Human Rights Commission.

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Sathasivam is understood to have given his consent to the Centre to be considered for appointment to the post when its present chief K. G. Balakrishnan completes his term on June 6.

On Friday, President of the All India Bar Association (AIBA) Adish Aggarwala moved SC challenging the proposed move and questioning Sathasivam's eligibility. A bench headed by Chief Justice H. L. Dattu has said the petition will be taken up for hearing in the "due course".

AIBA said the post of NHRC Chairman has always been held by former Chief Justices since the panel was set up in 1993, but Sathasivam now stood disqualified after his appointment as a governor of a state and becoming part of the "executive arm". Aggarwala's plea to the CJI said: "I am duty bound to remind you that in the changed scenario, as Justice Sathasivam is part of the executive arm, he is no longer eligible to be appointed Chairperson of National Human Rights Commission. Once a person puts his finger in the pie of politics, he loses the trappings of a judge, and cannot later reclaim the sacrosanct judicial office".

"One cannot hobnob with politicians and still possess the purity of a judge, since the edifice of our justice delivery system is founded on the oftquoted principle that. Not only must justice be done, it must also be seen to be done," he added.

AIBA alleged that on the shift from the position of governor to chairperson of the Commission, he will continue to be seen as a representative of the ruling political party.

"He will always owe a debt of gratitude to the government for having appointed him Governor and will be under pressure to side with the government or the ruling political establishment to redeem this debt. His integrity and impartiality would stand compromised and his decisions will always be viewed with suspicion," Aggarwala said in his plea.