Victoria Gowri Takes Oath As Madras HC Judge While Supreme Court Was Hearing Petitions Against Her Appointment

Advocate L Victoria Gowri took oath as an additional judge of the Madras High Court on Tuesday, while the Supreme Court was hearing two petitions challenging her appointment.Acting Chief Justice of the Madras High Court administered the oath to Victoria Gowri, who courted controversy after her comments made about minority religions surfaced in the public domain after the Supreme Court collegium recommended her name on January 17.At the Supreme Court, a special bench comprising Justices Sanjiv Khanna and BR Gavai dismissed two writ petitions filed by advocates from Madras High Court, who contended that Gowri was unfit to be a judge in view of her public utterances. The bench said that it cannot go into the question of suitability of candidate at this stage. Also, it cannot be presumed that the collegium did not take note of the relevant materials while proposing her name, the bench added. High drama ahead of hearingThere was high drama in the Supreme Court ahead of the hearing of the matter. The petitioners' lawyers sought for an early hearing as the oath taking ceremony at the Madras High Court was scheduled at 10.35 AM. The petitions were originally listed as item number 38 before a bench comprising Justices Sanjiv Khanna and MM Sundresh.The lawyers were informed that the matter will be heard at the first court (CJI's bench) at 9.15 AM. As the lawyers gathered there, the bench with three chairs was set-up, indicating that it will be heard by a 3-judge bench.After waiting for almost 30 minutes, the lawyers were told that the hearing will take place at court 7 before a special bench of Justices Sanijv Khanna and BR Gavai. Justice Sundresh, who hails from Tamil Nadu, recused, as he was consulted by the collegium for the appointment of Gowri. There was no clarity about the timing of the hearing. Later, a list was published informing that the special bench will hear the matter at 10.30 AM. The bench started hearing the matter at 10.25, five minutes ahead of the scheduled time.While the hearing was in progress, Gowri took oath.BackgroundThe collegium, comprising Chief Justice D.Y. Chandrachud, Justices Sanjay Kishan Kaul, and K.M. Joseph, had proposed the names of Gowri and four other lawyers for elevation to the High Court on January 17. However, this decision has come under the public scanner, with a section of the bar criticising the recommendation as ‘disturbing’ and against the interests of the independence of the judiciary. The protesting advocates highlighted the political affiliations of the nominee, who is, by her own admission, the general secretary of the Bharatiya Janata Party Mahila Morcha. Gowri has also received criticism for what has been described as ‘hate speech’ against religious minorities, particularly Muslims and Christians. “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?” the lawyers had asked, in a letter dated February 2, 2023, to President Draupadi Murmu and the Supreme Court collegium. Members of the Madras High Court bar, including advocates N.G.R. Prasad, R. Vaigai, S.S. Vasudevan, Anna Mathew, and D. Nagasaila, alleging that Gowri’s ‘regressive views’ are completely ‘antithetical’ to foundational constitutional values and “reflect her deep-rooted religious bigotry making her unfit to be appointed as a High Court judge”, had also urged for the proposal to be recalled. “We write, with a sense of foreboding, in these troubled times, when the judiciary is facing unprecedented and unwarranted criticism from the executive, as we are apprehensive that appointments such as these may pave the way for undermining the independence of the judiciary. It is extremely critical, at this juncture, to safeguard the institution from being weakened by its own administrative action.” In the same vein, a writ petition was also filed, a day before Gowri was scheduled to take oath as a judge of the Madras High Court, with Senior Advocate Raju Ramachandran mentioning the matter before Chief Justice D.Y. Chandrachud for urgent listing. The chief justice agreed to list the matter on Tuesday, on the same day Gowri took oath.

Victoria Gowri Takes Oath As Madras HC Judge While Supreme Court Was Hearing Petitions Against Her Appointment

Awstika Das

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