Seen to be a no-nonsense and down-to-earth legal professional, who specialises in complex tax disputes and is no stranger to the RSS and BJP, Aarti Sathe hit the headlines on Tuesday as she was recommended as a judge of the Bombay High Court.
Born to middle-class Maharashtrian parents involved in the legal profession, Sathe has seen courts, cases, debates and legal drama since her growing days in Mumbai. While she has preferred to work from the background, the clamour over her appointment as a judge has seemingly unsettled her legal colleagues.
“I do not want to comment on the politics but those attacking her should judge her professionally. She has carved out her identity through hard work. Also, she will be on probation and will have to prove herself while her judgments would be closely watched by everyone. Why is the Opposition targeting BJP through a professional advocate,” said a senior lawyer, who has known Sathe and her family.
With over 20 years of legal experience, Sathe has primarily dealt with tax disputes, specialising in direct tax matters and argued cases before the Securities Exchange Board of India (SEBI), Securities Appellate Tribunal (SAT), and Customs, Excise and Service Tax Appellate Tribunal (CESTAT) along with matrimonial disputes before the Bombay High Court.
Early in her professional career, she worked with the Economic Law Practice (ELP) and was a part of senior lawyer Percy Pardiwala’s chamber. She has also argued cases in the Supreme Court and other High Courts.
Sathe’s family too has been associated with the RSS and BJP. Her father, Arun Sathe, a well-known lawyer, is the brother of former Lok Sabha Speaker Sumitra Mahajan and has been a member of the BJP’s national executive. He is one of the founding members of the party.
Though Sathe was officially appointed as the spokesperson of the Mumbai BJP in February 2023, sources said she was not seen regularly in the party office like other office-bearers. She also served as the head of the Mumbai BJP’s legal cell. “Her appointment as the spokesperson was symbolic,” a source said. She resigned from the posts as well as the primary membership of the party in January 2024.
However, she continued to participate in seminars and forums, and was seen to champion the cause of the role of women in jobs and education. “Women should collaborate with each other, give wings and impetus… They should network with like-minded people from all walks of life,” she had said at one such event.
The Opposition has been up in arms against the government after the Supreme Court Collegium on July 28 recommended her elevation while questioning how the BJP could “appoint an individual affiliated to a political party to such a high post”.
Sathe, with two other lawyers, will be inducted as additional judges of the Bombay HC after the Centre clears their appointment and issues a notification in this regard. The other two advocates are Ajit Kadethankar and Sushil Ghodeswar.
Currently, the Bombay HC has a total of 66 judges, of which 50 are permanent while 16 are additional judges. The sanctioned strength of the court is 94.
On Tuesday, NCP(SP) MLA and the party’s general secretary Rohit Pawar said Sathe’s appointment raised concerns over the “freeness and impartiality” of 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… The position of a judge is a highly responsible one. When someone from the ruling party occupies the post, it raises serious questions on the democratic process,” he said, adding that he was not questioning her educational or professional qualifications.
Dismissing the charges as baseless, the Maharashtra BJP claimed that the appointment was “purely merit-based and within the legal framework. “Her name was recommended almost a year-and-a-half after she resigned from the party. She has no connection with the party,” chief spokesperson of the Maharashtra BJP Keshav Upadhye.
Upadhye also cited previous appointments of politicians as judges to counter Pawar mentioning the names of Justices Baharul Islam, K S Hegde, Aftab Alam, FI Rebello.