Advocate Lekshmana Chandra Victoria Gowri was sworn in as an additional judge of the Madras High Court, even as the Supreme Court was hearing two petitions challenging her appointment citing her alleged hate speeches against Christians and Muslims. A few minutes after she was sworn in, a bench of Justices Sanjiv Khanna and BR Gavai heard and dismissed two petitions against Gowri’s appointment. While the petitioners insisted that hate speeches by Victoria Gowri were against the Constitution, the judges said that they cannot question her suitability. (A detailed order is awaited).
Victoria Gowri, a lawyer from Nagercoil in Tamil Nadu, was one of the five advocates recommended for the elevation as the judges of the Madras High Court by the Supreme Court collegium on January 17. Gowri has also been the national general secretary of the Bharatiya Mahila Morcha, the women’s wing of the Bharatiya Janata Party (BJP). Days after the collegium’s recommendation, a report in Article 14 detailed several hate speeches allegedly made by Gowri against Christians and Muslims.
After the hate speeches came to light, a group of 21 advocates from the Madras High Court Bar Council sent representations urging President Droupadi Murmu and the Supreme Court Collegium to reconsider the decision to elevate Gowri as a judge. In their representation dated February 1, the protesting advocates said that the recommendation to elevate advocate Gowri “dents the independence of the judiciary”, and referred to two interviews given by Gowri where she made hate speeches against Muslims and Christians.
The petition challenging Gowri’s appointment was filed by three lawyers practising in the Madras High Court. The petition expresses concerns that Gowri had exhibited “strong prejudice” against citizens on the ground of their religious affiliation, according to Bar and Bench. The petition refers to an article by Gowri published in the RSS publication Organiser titled ‘Aggressive baptising destroying social harmony’, and an interview titled ‘More Threat to National Security & Peace? Jihad or Christian Missionary? – Answers Victoria Gowri’, and also her affiliation with the BJP, and the presumption that these alleged hate speeches were not placed before the Supreme Court and Madras High Court collegia before Gowri’s elevation was recommended.
After much uncertainty on Tuesday morning, the hearing of the petitions against Gowri’s elevation was listed to be heard at 10.30 am. On Monday, the apex court had advanced the hearing of the petition against Gowri’s elevation to Tuesday, with a bench headed by CJI Chandrachud saying that the collegium has taken note of “certain developments” after her name was recommended to the Union government. LiveLaw reported that the petitioners had sought early listing of their petitions on Tuesday morning so that they could be heard before Gowri’s swearing-in at the Madras High Court scheduled for 10.35 am.
