Lawyer Victoria Gowri sworn in as judge, SC dismisses plea

Some bar members of the Madras High Court had written to the Chief Justice of India seeking recall of the recommendation made for appointing Gowri as an additional judge of the high court alleging she made hate speeches

New Delhi, Feb 07: The Supreme Court on Tuesday declined to stay the oath ceremony of advocate Lekshmana Chandra Victoria Gowri as a Madras High Court additional judge, just as she was being sworn in.

"There have been many instances when the additional judge was not made permanent when performance was not satisfactory, " the apex court said while rejecting the plea against the appointment Lekshmana Chandra Victoria Gowri to the high court.

"On eligibility, there could be a challenge. But suitability... The courts should not get into suitability, otherwise the whole process will become haywire," Justice Khanna observed.

On political background, Justice Gavai said he too had a political background, but it has not come in the way of his duties.

"Political background is not the question at all. It is hate speech. Hate speech, which runs completely antithetical to the Constitution. That makes her unfit to take oath. It will only be a paper oath," Ramachandran then argued.

"I don't think we are in a position to say this is a question of eligibility. It is more of a question of suitability. Two, we can't direct the collegium," the bench said, adding that to assume that the collegium has not taken these things into account "may not be appropriate".

The proposal to elevate the woman lawyer, who has been representing the Centre before the Madurai Bench of the Madras High Court, has been mired in controversy after reports emerged about her alleged affiliation to the BJP.

The top court had earlier agreed to hear on February 10 the petition against her elevation but the matter was mentioned again and the hearing was fixed for Tuesday by a bench headed by Chief Justice DY Chandrachud which said the collegium has taken note of "certain developments" after her name was recommended to the Centre.

During the second mention, the bench was apprised by senior advocate Raju Ramachandran that the Centre has notified the appointment of Gowri as an additional judge of the Madras High Court and urged for urgent intervention.

Some bar members of the Madras High Court had written to the Chief Justice of India seeking recall of the recommendation made for appointing Gowri as an additional judge of the high court alleging she made hate speeches against Christians and Muslims.

Law Minister Kiren Rijiju, during the day, announced the fresh appointments on Twitter and extended his best wishes to them. A total of 11 advocates, including lawyer Gowri, and two judicial officers were on Monday appointed as additional judges in the high courts of Allahabad, Karnataka and Madras.

The plea was filed by some advocates including Anna Mathews seeking to set aside the recommendation of Gowri for the judgeship.