Appointment of ex-BJP spokesperson as Bombay HC judge triggers political uproar

The appointment of Advocate Aarti Arun Sathe, a former Maharashtra BJP spokesperson, as a judge of the Bombay High Court has sparked a major controversy, with Opposition leaders and civil society raising concerns over the perceived politicisation of the judiciary.

Critics have called for the decision to be reversed, warning it could undermine public trust in the judicial system.

The Supreme Court Collegium, in its meeting on July 28, 2025, approved the elevation of Ajit Bhagwanrao Kadethankar, Aarti Arun Sathe, and Sushil Manohar Ghodeswar to the Bombay High Court bench.

Sathe, who was named Maharashtra BJP spokesperson in February 2023, stepped down from the position in January 2024, citing "personal and professional reasons."

On the same day, she also resigned from the party and her role as head of the Mumbai BJP legal cell.

Despite her departure from active politics, her past affiliation with the ruling party has raised eyebrows.

Nationalist Congress Party (Sharad Pawar) MLA and general secretary Rohit Pawar questioned her appointment, emphasising the importance of impartiality in the judiciary.

“The appointment of a person who advocates for the ruling party from a public platform as a judge is the greatest blow to democracy,” Pawar said. “This will have far-reaching consequences on the impartiality of the Indian judicial system. Merely possessing the qualifications to become a judge and appointing politically affiliated individuals directly as judges. Isn’t this tantamount to turning the judiciary into a political arena?”

He further argued that such appointments could erode the principle of separation of powers and damage the Constitution. “Doesn’t the appointment of a political spokesperson as a judge undermine the principle of separation of powers and, by extension, constitute an attempt to subvert the Constitution?” he asked.

While acknowledging Sathe's legal credentials, Pawar said the issue was not her experience but the optics and implications of her political background. “There is no objection to the qualifications of the appointed individual,” he noted, “but the decision strikes at the very sentiment of ordinary citizens, that justice is delivered without any bias.”

Sathe has practiced law for two decades, specialising in Direct Tax matters, and has represented clients before regulatory bodies like SEBI, SAT, and CESTAT. She has also handled matrimonial disputes before the Bombay High Court.

Pawar raised concerns about future judicial impartiality, asking, “When a person appointed as a judge in a High Court has a political background and has held a position in the ruling party, who can guarantee that the process of delivering justice will not be tainted by political bias?”

Social activist Vijay Kumbhar also criticised the appointment, saying it casts doubt on judicial independence. “Her appointment as a Bombay High Court judge may not be illegal, but it seriously questions judicial independence and legitimacy,” he said.

Kumbhar argued this was part of a broader trend of political interference in institutions meant to function independently. “Sadly, this isn’t new. Across parties and governments, political loyalists are routinely appointed to posts meant for apolitical experts,” he said. “These seats are meant for professionals, not political rehabilitation.”

Kumbhar warned that “when every institution becomes a reward for loyalty, democracy begins to decay from within” and called for “merit-based, transparent, and apolitical appointments.”

In response, BJP spokesperson Keshav Upadhye defended Sathe’s elevation, stating that her judicial recommendation came a year and a half after she left the party and that “she currently has no connection with the BJP.” He added that the appointment followed the established procedure of the judges’ collegium.

However, Congress leader Ravi Boseraju condemned the decision, linking it to what he described as a broader BJP attempt to compromise institutional independence.

“The BJP’s agenda is crystal clear, from the Supreme Court’s ‘true Indian’ remarks against Rahul Gandhi for questioning the government, to the shocking appointment of ex-BJP spokesperson Aarti Arun Sathe as a Bombay High Court judge,” he said.

“This isn’t just political interference; it’s a calculated ‘kesarification’ of our judiciary, threatening its very independence,” Boseraju added. “This is a grave danger to justice and the Constitution!”