Advocate Lekshmana Chandra Victoria Gowri was sworn in as a judge of the Madras High Court on Tuesday as the Supreme Court junked pleas challenging her elevation.
Madras HC acting Chief Justice T Raja, administered the oath of office to Advocate Gowri and four others even as the hearing on petitions against her were still underway at the Supreme Court.
A special bench of the apex court comprised of Justices Sanjiv Khanna and Bhushan Ramkrishna Gavai said that they are not entertaining writ petitions, adding that reasons will follow.
During the hearing, Justice Khanna pointed out the difference between eligibility and suitability saying that the courts should not get into suitability, otherwise the whole process will become haywire, however, he maintained that eligibility can be challenged.
Senior advocate Raju Ramachandran, who had approached the court earlier asking for urgent intervention as the Centre had notified Advocate Gowri’s appointment, argued that the decision-making process was thwarted as relevant information was not passed to the collegium. The judges said they had read everything placed on record.
On Advocate Gowri’s political background, Justice Gavai observed that everyone, including himself, has a political background, however, that hasn’t come in the way of his duties.
Advocate Ramachandran, however, argued that the real question is hate speech, not political background. He claimed that Gowri’s hate speech runs completely antithetical to the Constitution making her unfit to take oath.
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The bench replied that they aren’t in a position to say this is a question of eligibility and felt it’s more of a question of suitability. The Justices also pointed out that they can’t direct the collegium, adding that to assume that the collegium has not taken these things into account “may not be appropriate.”
In a letter to the Chief Justice of India, some bar members of the Madras High Court had sought recall of the recommendation made for appointing Gowri as an additional judge of the high court.
The members alleged that Gowri had made hate speeches against Christians and Muslims.
Advocate Gowri’s alleged links with the ruling BJP has stirred a row as critics allege her elevation is politically motivated and not deserved.
The elevation was objected to by several Madras High Court lawyers, however, 54 lawyers from Tamil Nadu’s Madurai wrote an endorsement letter to the Supreme Court collegium in favour of Gowri’s appointment as a judge. In the letter, the Madurai lawyers termed the allegations against Gowri as being motivated by “political animosity and malafide intent.”
Gowri has represented the Centre before the Madurai Bench of the Madras High Court.
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