Supreme Court dismisses plea against appointment of Victoria Gowri as Madras High Court judge

The Supreme Court on Tuesday dismissed the plea challenging the appointment of advocate L Victoria Gowri as an additional judge of the Madras High Court..A bench of Justices Sanjiv Khanna and BR Gavai said that the issue raised in the petition pertains not to the eligibility of Gowri but to her suitability which is a subjective assessment and hence, the Court would not be able to examine the same.."There is a difference between eligibility and suitability. Regarding suitability court cannot go into it since the process will become unworkable. We can work only around eligibility," said Justice Khanna.The Court further said that the Collegium would have considered all material against Gowri and the top court would not, at a belated juncture, interfere with the Collegium's decision. "We are not entertaining the writ petition. Reasons will follow," the Court ordered..The top court was hearing a plea filed by lawyers from Madras High Court against Gowri's appointment on concerns that advocate Gowri had allegedly exhibited “strong prejudice” against citizens on the ground of their religious affiliation. Senior Advocate Raju Ramachandran, appearing for the petitioners, said that eligibility for High Court judges prescribed under Article 217 of the Constitution by very nature of high Constitutional office, has certain implied conditions of eligibility. Gowri's statements in public domain are such that she has made herself ineligible for the post, he contended."There is letter and spirit of every word in constitution. She has rendered herself incapable of taking oath due to her utterances," Ramachandran submitted.The Court, however, said that the Collegium must have analysed the material. "It has not," said Ramachandran. "It is an assumption," said Justice Khanna."There is opinion of consultee judges as well and we cannot say such materials were not on record," Justice Gavai weighed in.Ramachandran said that this was not a matter of mere political speeches or opinions by Gowri but many of her statements amounted to hate speech."Hate speech is something which runs anti thesis to the constitution and such an oath will be an insincere oath and only on paper," Ramachandran said.But the bench said that the collegium must have considered such material and passing a judicial order now would amount to going against the Collegium's wisdom."This will be like showing lack of faith and respect in collegium....We on judicial side are being asked to direct collegium to reconsider and we cannot do that," the bench remarked.The Court also said that present appointment is only as an additional judge and the Collegium can reconsider its decision and not make her permanent after her tenure as additional judge is over. "There has been many instances when additional judge was not made permanent when performance was not satisfactory," the bench remarked..Gowri has been in the eye of the storm ever since the Collegium recommended her elevation to the Madras High Court on January 17.This kicked off discussion in legal circles and on social media about Gowri's credentials and her alleged affiliation to the Bharatiya Janata Party (BJP)..An unverified Twitter account allegedly belonging to Gowri claimed in its bio that she was the National General Secretary of BJP Mahila Morcha. A tweet from this handle, posted on August 31, 2019, says, "I just joined the BJP, you too can join the BJP and join hands to help create a New India!"Pertinently, her remarks against Islam and Christianity which are available on YouTube also kicked up a storm..In a video from February 2018, titled More Threat to National Security & Peace? Jihad or Christian Missionary? - Answers Victoria Gowri, Gowri is seen saying,"Like Islam is green terror, Christianity is white terror.""Christian groups are more dangerous than Islam groups. Both are equally dangerous in the context of love jihad," Gowri can be heard saying in the interview..In the other interview from June 5, 2018, Gowri said, among other things, that "Bharatanatyam should not be danced for Christian songs.".The present petition was then filed by three lawyers practicing in the Madras High Court on concerns that advocate Gowri had allegedly exhibited “strong prejudice” against citizens on the ground of their religious affiliation. Chief Justice of India (CJI) DY Chandrachud had on Monday allowed urgent listing of the case stating that certain material relating to Gowri came to the Collegium's notice only after the recommendation was made.The matter was listed as item 38 for today before a bench of Justices Sanjiv Khanna and MM Sundresh.However, Madras High Court decided to proceed with the swearing in despite the top court being seized of the plea prompting the Court to advance the hearing to 10.30 am.