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regular-article-logo Friday, 26 April 2024

Request to collegium: Don’t pick minority-basher as judge

In a representation dated February 1, the Bar members highlighted that Lekshmana Chandra Victoria Gowri was national general secretary of the BJP Mahila Morcha

R. Balaji New Delhi Published 03.02.23, 03:32 AM
Advocate Gowri.

Advocate Gowri. File Photo

Twenty-two members of the Madras High Court Bar have urged the Supreme Court collegium to recall its recommendation to appoint advocate Lekshmana Chandra Victoria Gowri as a judge of the high court, accusing her of openly spewing hate against Islam and Christianity.

In a representation dated February 1, the Bar members highlighted that Gowri was national general secretary of the BJP Mahila Morcha.

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They quoted from her purported speeches on YouTube that contain claims such as “Like Islam is green terror, Christianity is white terror”, and “Christian groups are more dangerous than Islam groups”.

“In the context of Ms Gowri’s utterances, can any litigant belonging to Muslim or Christian community ever hope to get justice in her court if she becomes a judge?” the representation says.

The Telegraph called Gowri on her mobile number for her views. However, after being informed about the purpose of the call, she disconnected it.

Text messages to her requesting confirmation or rebuttal of the allegations in the representation have remained unanswered.

“We write, with a sense of foreboding, in these troubled times when the judiciary is facing unprecedented and unwarranted criticism from the executive, as we are apprehensive that appointments such as these may pave the way for undermining the independence of the judiciary. It is extremely critical, at this juncture, to safeguard the institution from being weakened by its own administrative action,” the representation says.

It recalls that a five-judge constitution bench had in the NJAC judgment of 2015 underscored that to preserve the independence of the judiciary, which is part of the basic structure of the Constitution, it is necessary to choose candidates who are “worthy” and reject those “unworthy” of becoming judges.

“However, the instant recommendation (of January 17) completely dents the independence of the judiciary, if the facts regarding Ms L. Victoria Gowri are seen,” it says.

According to the Bar members, Gowri gave two interviews to a YouTube channel hosted by the RSS.

The Bar members say that in one of the interviews, headlined “More threat to national security & peace? Jihad or Christian missionary? — Answers Victoria Gowri” and uploaded on February 27, 2018, Gowri purportedly makes the statement about “green terror” and “white terror”.

She then appears to say: “Christian groups are more dangerous than Islam groups. Both are equally dangerous in the context of love jihad.… If I find my girl in Syrian terrorist camps, I have an objection and that is what I define as love jihad.”

Gowri purportedly adds, “Bombing is less dangerous than the kind of conversions being adopted by the aggressive Christian theologist groups”, before claiming that the problem in the Northeast is “Christian”.

In the second interview, “Cultural genocide by Christian missionaries in Bharat — Victoria Gowri”, uploaded on June 5, 2018, Gowri purportedly refers to the “nefarious activity of the Roman Catholics” and proclaims that “Bharatanatyam should not be danced for Christian songs”.

“Her statements in these interviews amount to hate speech likely to spread and incite communal discord/ violence,” the representation says.

A copy has been forwarded to President Droupadi Murmu.

The Bar members say that in an article titled “Aggressive baptising destroying social harmony”, published in RSS mouthpiece Organiser on October 1, 2012, Gowri wrote: “But not a finger is lifted to stop allured and forcible conversions and to prevent Christians from conceiving communal conflicts.”

They quote her as further saying: “For fifty years, the marginalised Hindus have been fighting the mighty Christian diocese. But now the situation is out of control.”

The representation says: “The collegium’s recommendation of a person who harbours such strong antipathy towards the minority community is disturbing, to say the least. Any person spewing vitriolic comments of this nature ought to be prosecuted under Sections 153A, 153B, 295A and 505 of IPC (relating to hate speech)….”

It refers to the Supreme Court order of October 21, 2022, in Shaheen Abdulla vs Union of India, which asks authorities to register cases suo motu against such offenders, failing which contempt action should be taken against the erring officials.

It also cites last year’s UN declaration that June 18 will be observed as the “International Day for Countering Hate Speech”, and adds: “It is therefore ironical that the collegium should recommend a person who has propelled her career by fomenting hatred through her public utterances. This recommendation will be viewed as nothing but a betrayal of the Indian Constitution and the global commitment to eradicate hate speech.

“Not only must a judge be impartial, but must be seen to be impartial, to sustain the confidence/ faith of the public in the judiciary.

“The collegium’s recommendation to appoint a person who makes no bones about her hatred towards the minority communities will definitely dent the public perception about the impartiality of the judiciary.”

The representation claims Gowri had described herself in her Twitter handle as “Chowkidar Victoria Gowri” (now removed) in an obvious response to a BJP campaign in support of Prime Minister Narendra Modi, who had declared himself a “chowkidar” (watchman) for the nation.

“She has expressed her allegiance and loyalty to the said party and the ideology it professes and has been an active member till now,” the representation says.

The representation is addressed to the three-member collegium of Chief Justice D.Y. Chandrachud and Justices Sanjay Kishan Kaul and K.M. Joseph.

“We, as members of the Bar concerned with the integrity and independence of the judicial institution, beseech you to recall the recommendation made by the collegium to appoint Ms Victoria Gowri as a judge of the Madras High Court,” it says.

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