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‘Stretching it too much’, SC on hate speech claims against Madras HC judge appointment

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4 years ago

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 The Supreme Court on Tuesday said it has a fairly robust scrutiny process and petitioners may be stretching it too much, as their counsel questioned the recommendation to appoint Lekshmana Chandra Victoria Gowri as an additional judge of the Madras High Court by saying that her “views are antithetical to the values of the Constitution, it is hate speech pure and simple”.

A bench comprising Justices Sanjeev Khanna and B.R. Gavai told senior advocate Raju Ramachandran, representing the petitioners, that there is a difference between eligibility and suitability, as far as suitability is concerned one can say it can be made subject matter of writ petition, and the aspect of eligibility is the only issue as required under the Constitution.

Ramachandran said a person, who is not in sync with the ideals of the Constitution or basic principles of the Constitution, is unfit to take the oath. He added that Gowri has rendered herself as incapable of taking oath by her own public utterances.

Gowri was administered the oath of office during the hearing before the top court.

The bench said there have been cases when people of political background have taken oath over here as judges of the Supreme Court and the high court. “You placed on record utterances of 2018 and we have seen it, and it must have been placed before the collegium…,” it added.

Justice Gavai said when collegium takes a decision, it also takes the opinion of consultee judges who have come from that particular high court and you cannot assume that judges of the particular high court are also not aware of all these things.

Ramachandran said the consultee judges may not be aware of social media posts and cannot presume every judge reads every tweet in public domain.

Justice Gavai said, “We have also been consultee judges and when we give our opinion it is based on all the factors…I also have a political background and I have been a judge for the last 20 years. I do not think my political views at any point of time have come in the way…”

Emphasizing that he is not on the aspect of political background, Ramachandran said political background brings a totally new element into judicial discourse, and added that judges can be of conservative or radical persuasion which adds to the richness of judicial discourse. “It is hate speech, you may be a member of the party…hate speech runs antithetical to the basic tenets of the Constitution, renders you unfit to take the oath…,” said Ramachandran.

The bench replied that “for us to go into all these aspects of suitability, merit or selection process would be like opening a new jurisdiction, which we have always refrained from doing.”

Ramachandran said her views are antithetical to the values of the Constitution, it is hate speech pure and simple and therefore, it is a clear case of ineligibility. “That will be stretching it too much, if the facts are known to the collegium, they must have examined it…facts not known, that it is not possible you cannot say that issues, background of the person were not known,” said Justice Khanna.

The bench said, “This is an aspect related to more suitability of the person, and not about the eligibility of the person…we can’t direct the collegium to reconsidera.”

There is a certain threshold of requirements, the collegium was stymied as certain information, we assume, were not put before it in view of an open court statement by the Chief Justice of India D.Y. Chandrachud on Monday, Raju said.

“We have a fairly robust scrutiny process…assuming collegium may have not taken into consideration…,” said Justice Khanna.

Senior advocate Anand Grover, also representing the petitioners, said her views are extreme in nature making her ex facie ineligible to be judge. “We would be setting up a very wrong precedent, if we entertain the plea,” the bench said.

Senior advocate Manan Kumar Mishra submitted that there has been no complaint against her by the Tamil Nadu State Bar Council.

The court also noted that she has been appointed as additional judge only and there have been instances where the candidates have not been made permanent in view of inadequacies of performance. “We are not entertaining the petitions, the reasons will follow,” the bench said, after hearing detailed arguments.

The top court order came on petitions filed by Anna Mathew, R. Vaigai, and others challenging Gowri’s appointment as an additional judge of the Madras High Court.

The Supreme Court collegium on January 17 had proposed the elevation of advocate Lekshmana Chandra Victoria Gowri as judge of the Madras High Court.

A group of Madras High Court lawyers have opposed Gowri’s proposed appointment after reports emerged about her affiliation to the BJP and also certain alleged statements about Muslims and Christians, including ‘Love Jihad’ and illegal conversion.

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International News

EAM Jaishankar and US counterpart Rubio discuss advancing ties, regional developments

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6 hours ago

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October 20, 2026

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External Affairs Minister (EAM) S Jaishankar held a meeting with US Secretary of State Marco Rubio in Mumbai on Tuesday, with discussions focusing on further advancing bilateral ties.

During the meeting, the two ministers exchanged views on regional developments. Foreign Secretary Vikram Misri, US Ambassador to India Sergio Gor and other officials were also present at the meeting.

“Pleased to meet US Marco Rubio in Mumbai today. We shared views on further advancement of our ties, focusing on trade, energy, technology, defence and people-to-people ties. Also exchanged views on regional developments,” EAM Jaishankar stated on X after the meting.

Rubio said that he and EAM Jaishankar discussed energy security and defence cooperation.

“In Mumbai, Indian External Affairs Minister S Jaishankar and I discussed energy security and defense cooperation while reaffirming the importance of advancing the U.S.-India strategic partnership,” the US Secretary of State posted on X.

Earlier, EAM Jaishankar, Marco Rubio and UAE Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan held a meeting in Mumbai, with discussions held on regional energy security and advancing shared economic priorities.

“It was great to meet with Indian External Affairs Minister S Jaishankar and UAE Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan to discuss regional energy security and advance our shared economic priorities,” Rubio stated on X after the meeting.

Following the meeting, Ambassador Gor also took to X and wrote: “The US, India, and UAE have real opportunities to advance cooperation on energy, trade, technology, and regional connectivity. Marco Rubio, S Jaishankar, and UAE Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan in Mumbai for a discussion on turning our close ties into concrete results!”

Earlier in the day, Marco Rubio arrived in Mumbai for an official visit to India. For his visit to Mumbai, Rubio is accompanied by his wife, Jeanette Rubio and US Ambassador to India Sergio Gor.

The Ministry of External Affairs (MEA) extended a warm welcome to Rubio as he arrived in Mumbai for his second visit to India, noting that it provides an opportunity to further advance cooperation across various pillars of the India-US Comprehensive Global Strategic Partnership.

“Welcome to Mumbai, US Secretary of State Marco Rubio, on your second visit to India! He was received by Shri Ashish Shelar, Minister of Culture, Electronics, IT and AI, Government of Maharashtra at the airport. The visit provides an opportunity to further advance cooperation across the various pillars of the India-US Comprehensive Global Strategic Partnership,” the MEA posted on X.

After concluding his engagements in Mumbai, Rubio will travel to Gujarat’s Jamnagar for talks that will include “enhanced energy cooperation”, the US State Department said.

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Crime

Model Shraddha Dubey, wanted in businessman Shiva Sharma death case, arrested in Nagpur

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7 hours ago

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October 20, 2026

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Model Shraddha Dubey, a key accused in the death of Lucknow-based businessman Shiva Sharma, has been arrested in Nagpur along with her sister Rashmi Dubey and driver Danish, Uttar Pradesh Police said on Tuesday.

The three accused, who had been absconding since the registration of the case, were apprehended by the Lucknow Police and the Uttar Pradesh Special Task Force (STF) with the assistance of Nagpur Police on Tuesday.

A reward of Rs 50,000 each had been announced for information leading to their arrest.

Following her arrest, Shraddha Dubey has been brought to Bell Road Police Station on Wardha Road in Nagpur, where she is currently being questioned.

Officials of the Uttar Pradesh STF and Nagpur Police are present at the police station and are jointly questioning her.

According to the police, a case under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS) was registered at the Hazratganj Police Station on October 9 on the basis of a written complaint filed by Ranjana Sharma.

The accused are being taken through the necessary legal formalities before being brought to Lucknow for further investigation into Sharma’s death.

Meanwhile, fresh details have emerged about Dubey’s movements during her absconding period.

According to media reports, she stayed for nearly 24 hours at a hotel in Taj Nagari Phase-I in Agra.

The reports claimed that CCTV footage showed a vehicle allegedly linked to Dubey arriving at the hotel at 6:33 a.m. on October 17. Around 20 minutes later, at 6.53 a.m., a woman identified as Dubey reportedly entered the premises. The vehicle’s registration number was reported to be UP32RT8043.

During her absconding period, Dubey had released a video appealing against linking her name with influential individuals.

An earlier viral audio recording, purportedly featuring her threatening Sharma, had also surfaced, in which she was allegedly heard referring to complaining about him to a ‘sir’.

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National News

CJP leaders Saurav Das, Ashutosh Ranka to approach Delhi HC seeking release

Published

7 hours ago

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October 20, 2026

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Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka are set to move the Delhi High Court seeking their release, challenging the Special Executive Magistrate (SEM) court’s order extending their judicial custody in connection with the Jantar Mantar trespassing case.

The move comes a day after the SEM court extended the judicial custody of the two till October 21, observing that their conduct “shows no respect for law” and reflects their “habitualness in calling protest at de-notified areas”.

The two CJP leaders were sent to judicial custody till October 21 by SEM Ritu Raj at Mandir Marg police station after their earlier five-day judicial custody ended on Monday.

In its order, the SEM court said the investigating officer had placed substantial material on record, raising concerns over the likelihood of a breach of peace and disturbance of public tranquillity.

It also recorded that the two leaders had allegedly breached the bonds furnished by them before the SEM, South-West District, on October 11 and subsequently committed a breach of peace in the present case.

The court further observed that their assurance that they would not repeat the alleged offence did not inspire confidence in view of their past conduct and the material placed on record by the investigating officer.

Das and Ranka, along with party member Ajinkya Shinde, were among 14 people detained on October 13 after they entered Jantar Mantar through private premises and obstructed police personnel from discharging their official duties.

The CJP members were protesting against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and had raised slogans against Chief Election Commissioner (CEC) Gyanesh Kumar.

Delhi Police had justified their continued custody, citing repeated violations of law and apprehensions that their release could lead to further violations and instigation of others.

The SEM court had also found the sureties furnished on behalf of the two leaders unfit following an inquiry, citing discrepancies in identity documents and their inability to provide basic details about the persons for whom they stood surety. It directed them to furnish fresh sureties.

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