‘Can’t get into suitability of candidate’, SC on Gowri’s appointment

NEW DELHI: The Supreme Court on Friday said that it cannot examine the suitability of Justice L. Victoria Gowri’s appointment as an additional judge of the Madras High Court.

A bench comprising Justices Sanjiv Khanna and B.R. Gavai said the court has gone through the constitution bench judgments and “we cannot get into the suitability of the candidate”. The detailed judgment will be uploaded later in the day.

On February 7, the Supreme Court had said it has a fairly robust scrutiny process and petitioners may be stretching it too much, as their counsel questioned the recommendation to appoint Lekshmana Chandra Victoria Gowri as an additional judge of the Madras High Court by saying that her “views are antithetical to the values of the Constitution, it is hate speech pure and simple”.

The apex court junked the petitions challenging Justice Gowri’s appointment as an additional judge of the Madras High Court.

The apex court had told senior advocate Raju Ramachandran, representing the petitioners, that there is a difference between eligibility and suitability, as far is suitability is concerned one can say it can be made subject matter of writ petition, and the aspect of eligibility is the only issue as required under the Constitution.

Justice Gavai had said when collegium takes a decision, it also takes the opinion of consultee judges who have come from that particular high court and you cannot assume that judges of the particular high court are also not aware of all these things.

Ramachandran said the consultee judges may not be aware of social media posts and cannot presume every judge reads every tweet in public domain. Justice Gavai said, “We have also been consultee judges and when we give our opinion it is based on all the factors…I also have a political background and I have been a judge for the last 20 years. I do not think my political views at any point of time have come in the way…”

The top court order came on petitions filed by Anna Mathew, R. Vaigai, and others challenging Gowri’s appointment as an additional judge of the Madras High Court.

The Supreme Court collegium on January 17 had proposed the elevation of advocate Lekshmana Chandra Victoria Gowri as judge of the Madras High Court.

A group of Madras High Court lawyers have opposed Gowri’s proposed appointment after reports emerged about her affiliation to the BJP and also certain alleged statements about Muslims and Christians, including ‘Love Jihad’ and illegal conversion.