Supreme Court
Breaking: Victoria Gauri To Be Sworn In Tomorrow At 10.30 AM, Bench Headed By Justice Sanjiv Khanna To Hear Pleas Against Her
Supreme Court

Breaking: Victoria Gauri To Be Sworn In Tomorrow At 10.30 AM, Bench Headed By Justice Sanjiv Khanna To Hear Pleas Against Her

Puneet Deshwal
|
6 Feb 2023 4:31 PM GMT

Advocate Lekshmana Chandra Victoria Gowri will be sworn in tomorrow at 10.35 am as an additional judge of the Madras High Court by the Acting Chief Justice of the Madras High Court Justice T. Raja, said a circular issued by the Registrar General of the Madras High Court.

The two petitions challenging the recommendation to appoint Advocate Victoria Gowri are listed before the Bench of Justice Sanjiv Khanna and Justice MM Sunderesh tomorrow at item Nos. 38 and 38.1 in the supplementary list for admission.

While the first petition is filed by Anna Mathew and others, the second one is filed by R. Vaigai and another. The supplementary list was published by the Supreme Court at 8.39 pm.

Along with Victoria Gowri, four others will also be sworn in tomorrow morning as per the circular. They are, Advocate Pillaipakkam Bahukutumbi Balaji, Advocate Kandhasami Kulandaivelu Ramakrishnan, Judicial Officer Ramachandran Kalaimathi and Judicial Officer K. Govindarajan Thilakavadi.

The petitioners in the petitions before the Supreme Court are practicing advocates at the Madras High Court. The petitions were mentioned today morning before the Bench headed by the Chief Justice of India before the appointment was notified by the Union Law Ministry and the matter was listed for Friday.

The pleas were mentioned by Senior Advocates Raju Ramachandran and Anand Grover

The pleas were mentioned again after lunch, upon publication of the notification, and Chief Justice DY Chandrachud agreed to list the matters tomorrow stating that the Supreme Court Collegium has taken note of the developments after its recommendation.

The petition raises a question of interpretation of Article 217 of the Constitution of India- whether it contains an implied disqualification from being appointed as a High Court judge on the ground that the advocate recommended has consistently indulged in hate speeches.

The petition arrays the Secretary General of the Supreme Court of India, Registrar General of the Madras High Court, Secretary of the Department of Justice and Advocate Lekshmana Chandra Victoria Gowri as respondents.

Independence of the Judiciary which is held to be a basic feature of the Constitution is meant to safeguard the rights of citizens all alike without any form of discrimination much less on the ground of their religion alone”, read the petition filed for enforcement of fundamental right to access to fair, free and impartial justice guaranteed to every citizen under Article 21 of the Constitution.

As per the petition, in one of her interviews she said, “Like Islam is green terror, Christianity is white terror”. Further, she said, “Christian groups are more dangerous than Islam groups. Both are equally dangerous in the context of love jihad".

A person who has shown utter disregard for the values mandated in Articles 14 and 15 will endanger the administration of justice itself in breach of Articles 21 and 50 of the Constitution. [Her] appointment, thus, poses a real threat to the free and fair dispensation of justice and to the values contained in the Constitution”, said the plea.

Earlier, a group of lawyers had made a representation to the President of India and the Supreme Court Collegium opposing the recommendation to elevate Advocate Victoria Gowri stating that she was the “National General Secretary of BJP Mahila Morcha”.

Thereafter, around 100 lawyers of the Madurai Bench of the Madras High Court had urged the Judges of the Supreme Court Collegium to reject opposition to the recommendation of Advocate L. Victoria Gowri as a Judge of the Madras High Court.

Cause Title- R. Vaigai & Anr. v. Supreme Court of India & Ors.

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