High Drama In Supreme Court Ahead Of Hearing Challenge To Victoria Gowri's Appointment As High Court Judge

LIVELAW NEWS NETWORK

7 Feb 2023 11:40 AM IST

  • High Drama In Supreme Court Ahead Of Hearing Challenge To Victoria Gowris Appointment As High Court Judge

    There was high drama in the Supreme Court ahead of hearing of the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court.The petitioners' lawyers sought for an early hearing as the oath taking ceremony at the Madras High Court was scheduled at 10.35 AM. The petitions were originally listed as item number 38 before a bench comprising...

    There was high drama in the Supreme Court ahead of hearing of the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court.

    The petitioners' lawyers sought for an early hearing as the oath taking ceremony at the Madras High Court was scheduled at 10.35 AM. The petitions were originally listed as item number 38 before a bench comprising Justices Sanjiv Khanna and MM Sundresh.

    The lawyers were informed that the matter will be heard at the first court (CJI's bench) at 9.15 AM. As the lawyers gathered there, the bench with three chairs was set-up, indicating that it will be heard by a 3-judge bench.
    After waiting for almost 30 minutes, the lawyers were told that the hearing will take place at court 7 before a special bench of Justices Sanijv Khanna and BR Gavai. Justice Sundresh, who hails from Tamil Nadu, recused, as he was consulted by the Collegium for the appointment of Gowri. There was no clarity about the timing of the hearing. Later, a list was published informing that the special bench will hear the matter at 10.30 AM. The bench commenced the hearing at 10.25, five minutes ahead of the regular time.
    While the hearing was in progress, Gowri took oath.

    Minutes later, the division bench dismissed the petitions against Gowri's appointment. During the hearing it indicated three reasons for this: (i) it cannot presume that the Collegium was not aware of Gowri's political backgrounds or her controversial statements; (ii) there was no question of 'eligibility' and it could not go into the question of "suitability" at this stage; (iii) Gowri is only being appointed as an Additional Judge and there are instances where persons have not been confirmed, implying that the question of suitability could be later considered by the collegium at the stage of confirmation.

    While dismissing the pleas, Justice Sanjiv Khanna said that detailed reasons will follow.

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