As Advocate Lekshmana Chandra Victoria Gowri took oath as an additional judge of the Madras High Court on Tuesday, 7 February, the Supreme Court dismissed petitions challenging her appointment.
A bench of Justices BR Gavai and Sanjiv Khanna said:
"We on judicial side are being asked to direct collegium to reconsider and we cannot do that."
Why the challenge?The petitioners had flagged hate speeches allegedly made by her against Muslims and Christians, in their challenge to her eligibility.
"There is letter and spirit of every word in constitution. She had rendered herself incapable of taking oath due to her utterances," Advocate Raju Ramachandran, appearing for the petitioners, submitted before the court.
The backstory: On 17 January, the Supreme Court Collegium recommended Victoria Gowri for judgeship at the Madras High Court.
Following this, on 1 February, Madras High Court Bar advocates wrote to President Draupadi Murmu and the Collegium, demanding that her recommendation be withdrawn and the President return the file recommending Gowri's appointment.
"Can a litigant belonging to Muslim of Christian community ever hope to get justice in her court, if she becomes a judge?" they wrote.
“We write, with a sense of foreboding, in these troubled times, when the judiciary is facing unprecedented and unwarranted criticism from the executivive, as we are apprehensive that appointments such as these may pave the way for undermining the independence of the judiciary," the signatories to the letter added.
Following this, the government, based on the Collegium's recommendation notified Gowri's appointment on Monday, 7 February.
On the same day, a writ petition, challenging her eligibility for the post was filed for urgent listing before Chief Justice DY Chandrachud.
The hearing: While her oath taking ceremony was underway, the apex court was hearing the plea.
The hearing was supposed to take place at 9:30 am (an hour and five minutes before the oath taking ceremony) but was postponed to 10:30 am.