NEW DELHI: In an unusual instance, the Supreme Court on Monday consented to hear on Tuesday a PIL by supporters challenging the hours-old Presidents decision to designate L C Victoria Gowri as a judge of the Madras High Court on the suggestion of the SC collegium headed by CJI D Y Chandrachud.Senior supporter Raju Ramachandran discussed the petition by three ladies supporters of the Madras HC-- Anna Mathew, Sudha Ramalingam and D Nagasaila-- who alleged that strong views of erstwhile BJP member Gowri, revealed in 2018 against Muslim and Christian neighborhoods accusing them of enjoying required conversion, disqualifies her from ending up being a HC judge.
They looked for a remain on her oath taking.The SC collegium consisting of CJI Chandrachud and Justices S K Kaul and K M Joseph had on January 17 suggested Gowris name to the government for appointment as Madras HC judge.
The President on Monday released a warrant designating Gowri, P B Balaji, K Ramakrishnan, R Kalaimathi and K G Thilakavadi as judges of the HC.When Ramachandran pushed for an urgent hearing, a bench headed by CJI Chandrachud confessed that the collegium found out about the developments associated with Gowri after it was satisfied about her viability for consultation as HC judge and sent out the recommendation.
I will position this matter for hearing before a proper bench on Tuesday, the CJI said.This puts the SC in a piquant situation.
On the one hand, it administratively decides who should be appointed as judges of the HC and then on the judicial side puts in pressure on the government to speed up the appointments, alerting that unless the recommendations were accepted expeditiously it would be required to take tough decisions .
In this case, when the government acts expeditiously on a recommendation of the SC collegium, now on the judicial side it would choose whether a suggestion or appointment as HC judge was in offense of the constitutionally-mandated qualifications.The petitioner-advocates mentioned 2 five-year-old public declarations of Gowri and alleged that these revealed her deep bias versus Muslim and Christian communities that would hinder her from releasing her tasks without worry, favour or ill-will.
They said this element was ruled out by the collegium before suggesting her name for appointment as a HC judge.More than 30 years ago, when the judges-selecting-judges collegium system had actually not been put in location, the apex court had quashed the governments choice to appoint K N Srivastava as a judge of Gauhati HC.
Surprisingly, the HC itself had actually taken up a PIL and remained Srivastavas oath-taking previous to the choice of the SC quashing his visit.
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