Dismissing two petitions filed by lawyers of Madras HC, a bench comprising justices Sanjiv Khanna and BR Gavai said it cannot presume that the SC collegium was unaware of Gowri’s political background or her controversial statements.
The bench verbally remarked that it cannot go into the question of “suitability” of a candidate recommended for elevation to judgeship. It said that if that was done “(selection) process will become unworkable”.
The bench remarked that people with political backgrounds have taken oath as SC judges also. The bench verbally observed that the material relied upon by the petitioners was placed before the collegium as well. The bench verbally remarked that there is an opinion of consultee judges (from Tamil Nadu High Court) as well and “we cannot say such materials were not on record”.
Gavai said even he had a political background before joining the court as a judge. He added that he has been in office for over 20 years and “never ever” has he allowed it to influence his judgments.
The bench further observed that Gowri is taking oath as additional judge and if she is not discharging her duty then the Supreme Court collegium would have the power to not elevate her further. The bench asked the petitioners to keep faith in the collegium.
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