LC Victoria Gowri has taken the oath in Madras High court as additional judge on Tuesday. On that same day Supreme court has refused to entertain any plea that is seeking to restrain the lawyer from taking oath.
A special bench of Justice Sanjiv Khanna and Justice B R Gavai said that “We are not entertaining the writ petition. Reasons will follow”. The bench has gathered to hear the plea at around 10:25 AM on Tuesday after a bench headed by Chief Justice D Y Chandrachud had in the forenoon put the plea of three Madras HC lawyers who were opposing the appointment of Victoria Gowri and has gotten the hearing on February 10 but later it has pushed to February 7, after the senior advocate Raju Ramachandran mentioned it again.
Two separate petitions have been filed by lawyers from Chennai contended that Gowri is legally disqualified from being appointed a judge of a constitutional court owing to a lack of effective consultation between the executive and the collegium regarding her antecedents that could expose her prejudice against the minorities in the country.
Gowri promotion has been opposed by the group of 21 lawyers from the Madras High Court, they have written to President Droupadi Murmu urging her to return the file submitted by the Supreme Court Collegium recommending the appointment of Victoria Gowri, a BJP functionary, as a judge of the high court.
The lawyers have stated that she has made hateful remarks against minority communities and alleged that it has reflected her ‘regressive views’ and ‘deep rooted religious bigotry’ which makes her unfit to be appointed as judge of the High Court. They made these comments referring to one of her interviews hosted by RSS in 2018, where she termed Christianity as ‘white terror’ and similar hateful comments.
There has only been a singular incident in the judicial history when an appointment of a high court judge has been quashed by the Supreme Court. In 1992, the apex court nixed the appointment of a state government officer, declaring him to be ineligible as a member of the judicial service to be appointed as a high court judge.
“The Collegium’s recommendation to appoint a person who makes no bones about her hatred towards the minority communities will definitely dent the public perception of the impartiality of the judiciary. In the context of Ms Gowri's utterances, can any litigant belonging to the Muslim or Christian community ever hope to get justice in her court, if she becomes a Judge?” asked the lawyers.
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