At her swearing-in ceremony, which took place amid all the pandemonium surrounding her 'suitablility' for the position, Advocate L Victoria Gowri pledged to 'liberate the marginalized, nuture the fraternity in the diverse country'.
Gowri, who took oath as an additional judge of the Madras High Court today as hearing against her appointment continued in the Supreme Court said following in her speech:
"I will strive to liberate the marginalised and to nurture fraternity in this diverse and beautiful land called India."
She thanked the nation, her husband, two daughters and spiritual guru Mata Amritanandamayi. She also sought blessings of elder judges.
The Supreme Court went on to dismiss the petition filed by the section of Lawyers who stands against her appointment. A Division Bench of Justice Sanjiv Khanna and Justice BR Gavai observed that the issue raised in the petition pertains not to the 'eligibility' of Gowri but to her 'suitability' which is a subjective assessment and hence, the Court would not be able to examine the same.
"There is a difference between eligibility and suitability. Regarding suitability court cannot go into it since the process will become unworkable. We can work only around eligibility," said Justice Khanna.
The Court further observed that entertaining the petition would amount to interference with the SC Collegium decision.
Senior Advocate Raju Ramachandran impressed upon the matter before the Bench by stressing that it is not a matter of mere political speeches or opinions by Gowri but many of her statements amounted to hate speech.
"Hate speech is something which runs anti thesis to the constitution and such an oath will be an insincere oath and only on paper," he argued.
To this, the Court opined that while the point made by the Senior Advocate stands correct, all this must have been considered by the Collegium.
"This will be like showing lack of faith and respect in collegium....We on judicial side are being asked to direct collegium to reconsider and we cannot do that," the bench remarked.
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(With input from news agency language)
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