JOIN US'We have fairly robust scrutiny process,' SC declines plea against appointment of Madras HC judge L V Victoria Gowri
The Supreme Court on Tuesday declined to entertain pleas questioning the recommendation to appoint Lekshmana Chandra Victoria Gowri as additional judge of the Madras High Court.
Gowri was administered the oath of the office during the hearing before the top court.
Taking up two petitions, a special bench of Justices Sanjiv Khanna and B R Gavai said there is a difference between eligibility and suitability.
"On eligibility, there could be a challenge but not on suitability," the bench told senior advocates Raju Ramachandran and Anand Grover, appearing for the petitioners.
The counsel contended that she was unfit to the high constitutional post due to "hate speeches" and her tweets. "She has rendered herself incapable," they said.
There is a certain threshold of requirements. The Collegium was stymied as certain information, we assume, were not put before it in view of open court statement by the Chief Justice of India D Y Chandrachud on Monday, Ramachandran said.
Her mindset is not in tune and anti-thetical with the constitutional requirements, he claimed.
"There have been cases where people with political affiliation have been appointed as judges of the SC. All these utterances were of 2018...When the Collegium takes a decision, it also takes opinion of consultee judges. You can't assume they were unaware of," the bench said.
The bench said we are not in position to say anything on eligibility, nor are we in position to say the Collegium should reconsider it, the bench said.
"It is a case of initial judge, we don't think we would be able to pass any order. We have fairly robust scrutiny process," the bench further said.
Grover claimed her views are extreme in nature making her ex facie ineligible to be judge.
"We would be setting up a very wrong precedent, if we entertain the plea," the bench said.
Senior advocate Manan Kumar Mishra submitted that there has been no complaint against her by the Tamil Nadu State Bar Council.
The court also noted she has been appointed as additional judge only and there have been instances where the candidates have not been made permanent in view of inadequacies of performance.
"We are not entertaining the petitions, the reasons will follow," the bench said.
The writ petition filed advocates Anna Mathews, Sudha Ramalingam and D Nagasila sought a direction seeks to set aside the recommendation for elevation of Gowri as unconstitutional on account of "her prejudices against the minorities".
A group of Madras HC lawyers had earlier opposed Gowri's proposed appointment after reports emerged about her affiliation to the BJP and also certain statements about Muslims and Christians, including 'Love Jihad' and illegal conversion.