SC to hear petition against judge's consultation to Madras HC

INSUBCONTINENT EXCLUSIVE:
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.