Gauri Laxman, the most popular nowadays, has taken charge as a judge of the Tamil Nadu High Court despite objections were raised against her.
on Other hand Supreme Court dismisses the petititon challenging the appointment as judge of Victoria Gowri in TamilNadu High Court.
the bench comprising Justice Sanjay Kaul and Justice Khanana says we don’t think we are in a position to say this is a question of eligibility. It is more of a question of suitability. Two, we can’t direct the collegium. Limited issue is what could be other directions. This person is an additional judge.
Justice Sanjiv Khanna said to Petitioner Advocate Ramachandran thta You are asking the Court on the judicial side to direct the collegium to reconsider. That is something unprecedented
Ramachandran argued, ‘I am not asking for a writ to collegium. I am asking this Court to take note of the collegium’s cognizance and pass order. And see the ugly haste in which it has been done. The fact that this Court was hearing was brought to the notice of the Acting Chief Justice of Madras HC. And the notify at 10.35? What is significance of 10.35? That this court would decide in 5 mins?
Justice Sanjiv Khanna observed, think we are in a position to say this is a question of eligibility. It is more of a question of suitability. Two, we can’t direct the collegium. Limited issue is what could be other directions. This person is an additional judge and confirmation of additional judge, we can’t pass any orders at this stage.
‘To assume that the Collegium has not taken these things into account, that may not be appropriate’ justice Khanna said..
one anither adovocate Anand Grover stated that We are not on the political views. The problem is with her views expressed, which are so extreme, that they make it ex-facie evident that she is unfit to take oath as a judge and the collegium process, was not without full knowledge. There was no proper consultative process. It is possible reports of IB did not indicate her articles. To that extent, there can be an enquiry.
on this argument Justice gavai said How can we act on conjectures and surmises? There are two consultee judges from Tamil Nadu.
