The petition against the appointment of advocate Laxman Chandra Victoria Gauri as a judge of the Madras High Court was dismissed by the Supreme Court after a hearing. In the petition, citing Gauri’s political background, it was argued that the person taking oath as a judge should have full faith in the Constitution.
The bench said that there have been occasions in the past when people with political background have become judges in the Supreme Court as well. After hearing about 22 minutes, the Supreme Court dismissed this petition.
Appeal in the petition – How is the BJP leader a High Court judge?
A petition was filed in the Supreme Court by a group of 22 Madras High Court lawyers against Gauri’s appointment. It was said in the petition that Gauri is a BJP leader. The lawyers had said that Victoria Gauri had also given statements like green terror to Islam and white terror to Christianity.
Earlier, the bench headed by CJI Chandrachud had said to hear the matter on February 10, but on the request of Advocate Raju, the court agreed to hear it on Tuesday. The lawyers have also written letters to the Collegium and the President in this regard.
Read who said what during the hearing-
Arguments against the appointment: Senior advocate Raju Ramachandran said, “The recommendation to make Gauri a High Court judge should be rejected. It is very important for any judge who is going to take oath that he has full faith in the Constitution.” Gauri’s statements made in public make her unfit to take oath. The matter was under the supervision of the Madras High Court. Then the oath at 10.35? What is the significance of 10.35? The court will decide in 5 minutes?”
Justice Sanjeev Khanna: There have been occasions in the past also when people with political background have been appointed. The statements being referred to are from 2018. I believe the collegium must have considered this before making a recommendation for Gauri.
Argument against appointment: The question is not of political background. This is a matter of hate speech. Hate speech is something which is completely against the constitution. Due to this, Gauri becomes ineligible to take the oath of the judge. This will only be a paper oath.
Justice BR Gavai: Before becoming a judge, I too had a political background. I have been a judge for 20 years and my political background has never come in the way of my work.
Allegations- Gauri is the general secretary of the BJP Mahila Morcha
Advocate Laxman Chandra Victoria Gauri was appointed as a judge of the Madras High Court on Monday, 6 January. Earlier, as soon as the Supreme Court Collegium sent the recommendation of Gauri’s name to the President, the lawyers of the Madras High Court started opposing it.
22 lawyers had written letters to the Collegium and the President, demanding that they not be made judges. The lawyers said that Gauri is the general secretary of the BJP Mahila Morcha. Making him a judge may affect the independence of the judiciary. Along with this, the lawyers had also mentioned the controversial statements of Gauri in the letter.
Below we are giving Gauri’s statement which has been mentioned by the lawyers in the letter written to the Collegium and the President…
Islamic groups are more dangerous than Christian groups globally, but in India, Christian groups are more dangerous than Islamic groups. At the same time, both groups are equally dangerous in cases of religious conversion, especially love jihad. If a Hindu girl and a Muslim boy love each other, I have no problem with their marriage.
If after marriage a Hindu girl ends up in a Syrian terrorist camp instead of living in a Muslim boy’s house as his wife, I have an objection. According to me this is the definition of love jihad.
Gauri has called Islam as green terror
According to the report of Article 14, Gauri had said that Islamic terror is green terror and Christian terror is white terror. Conversion in both is equally dangerous, especially in the case of love jihad. He had said that Bharatanatyam should not be performed on Christian songs. How can the posture of Lord Nataraja be compared to that of Jesus Christ. He gave these statements between 2012 and 2018.
Please tell that Gauri has been appointed as an additional judge in the Madras High Court. Shortly thereafter, the Supreme Court filed a petition demanding an urgent hearing on the matter. On the other hand, Union Law Minister Kiren Rijiju has informed about the approval received from the Center for Gauri’s appointment by tweeting.