New Delhi: The Supreme Court on Tuesday recommended the appointment of five additional judges of the Madras high court, including the controversial Justice Lekshmana Chandra Victoria, as permanent judges citing their good performance.>
Justice Gowri’s elevation to the bench in February, 2023 made headlines due to her alleged right-wing leanings, with a petition seeking her disqualification on these grounds and the matter being raised in the Rajya Sabha.>
The other four judges recommended for permanent posts are Justice Pillaipakkam Bahukutumbi Balaji, Justice Kandhasami Kulandaivelu Ramakrishnan, Justice Ramachandran Kalaimathi and Justice K. Govindarajan Thilakavadi.>
“…We have scrutinised and evaluated the material placed on record including the opinion of our sole consultee-Judge and the reports of the Judgment Evaluation Committee. Bearing in mind all aspects of the above proposal, the Collegium is of the view that (i) Smt Justice Lekshmana Chandra Victoria Gowri, (ii) Shri Justice Pillaipakkam Bahukutumbi Balaji, (iii) Shri Justice Kandhasami Kulandaivelu Ramakrishnan, (iv) Smt Justice Ramachandran Kalaimathi, and (v) Smt Justice K Govindarajan 2 Thilakavadi, Additional Judges, are fit and suitable for being appointed as permanent Judges,” the official resolution signed by Chief Justice of India (CJI) D.Y. Chandrachud, Justice Sanjiv Khanna and Justice B.R. Gavai read.>
Tamil Nadu chief minister M.K. Stalin and governor R.N. Ravi have concurred with the recommendation, news agency PTI reported.>
Controversy surrounding Justice Gowri>
A petition filed against Justice Gowri’s elevation to the high court in February last year, when she was an advocate, had claimed that she had made hate speeches against Muslims and Christians. The petition, which sought quashing of her elevation, also said that Gowri had been the former general secretary of the Bharatiya Janata Party’s (BJP’s) Mahila Morcha.>
The three joint petitioners – Anna Mathew, Sudha Ramalingam and D. Nagasaila – had sought her disqualification on the ground that her hate speeches and alleged proximity to the BJP disqualifies her under Article 217(2)(b) “from dispensing justice, without fear or favour, and affection or ill-will”, the Telegraph reported.>
Former Trinamool Congress MP Jawhar Sircar had also raised the question of Justice Gowri’s appointment in the Rajya Sabha amid accusations of making casteist and anti-minority remarks against her.
CJI Chandrachud had defended Justice Gowri’s appointment last year, saying, “I am not sure we should be cold calling an individual merely for views they may have held as lawyers because I do believe that there is something in our profession of judging that once you assume judicial office which makes you dispassionate.”>
He added that the Supreme Court collegium looked “very carefully” at the nature of the speech which the Justice Gowri is alleged to have made and feedback was shared with all stakeholders including the Union government.
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