New Delhi, Feb 7.
Advocate Lekshmana Chandra Victoria Gowri was on Tuesday sworn in as an additional judge of the Madras High Court minutes after a Supreme Court bench led by Justice Sanjeev Khanna dismissed a challenge to her appointment.
A petition had been filed challenging her appointment on the ground that she had made intemperate remarks reflecting her biases and prejudices on social media. These made her unfit for the post of a judge, the petition said.
Justices Khanna and Gavai refused to interfere with the appointment made by the collegium. The petition, the bench said, was based on the presumption that the collegium had not considered some material against the person recommended to be appointed as a judge.
The bench dismissed arguments against the lawyer’s appointment on the basis of her political views and affiliations.
“I also have a political background,” Justice Gavai said at one point in the open court debate. “I have been a judge for many years and my political background has not come in the way (my of functioning as a judge) at all.”
At the outset Justice Khanna said that there was a difference between eligibility and suitability. On eligibility there could be a challenge, but the courts should not get into the suitability, otherwise the whole process will go haywire.
Arguing the petition, senior advocate Raju Ramachandran said that the person recommended by the collegium shows a mindset which is not in tune with the Constitution. This is also against Article 21 which promises equal justice to all.
“The oath says a judge should bear true faith to the Constitution. This person has been rendered unfit to take oath due to her public utterances.”
Justice Khanna said that there have been earlier instances in which persons with political backgrounds have been appointed as judges. He also dismissed the presumption that the material against her would not have placed before the collegium.
“The material is from 2018. The collegium must have gone through it.”
Ramachandran argued that it was not a question of political affiliation, rather one of delivering a hate speech. “Hate speech runs completely antithetical to the Constitution. That makes her unfit to take the oath (of office).”
Justice Gavai also suggested that the person appointed as an additional judge could well be not be confirmed in office as a permanent judge in case of adverse reports later. “Why should we wait till that moment?” Ramachandran countered. He also demanded a stay on the swearing in to allow the collegium time to look into it. The bench, however, rejected the plea.
Justice Gowri was sworn in with four more additional judges, Pillaipakkam Bahukutumbi Balaji, Kandhasami Kulandaivelu Ramakrishnan, Ramachandran Kalaimathi, and K Govindarajan Thilakavadi, by acting Chief Justice of the Tamil Nadu High Court T. Raja.
