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The Consequences of Allegations on Supreme Court by Andhra Pradesh Chief Minister

Dec. 15, 2020   •   Madri Chandak

Profile of the Author: Gunjan Agarwal is pursuing LLB (3 years) course from Jaipur National University, having a keen interest in Constitutional laws, IPR laws and socio-legal contemporary issues.

INTRODUCTION 

Judiciary is the backbone of the Justice system. It is the independent body that has been empowered with the liberty to work without the influence of other organs namely legislative and executive. It has been kept separate for the reason of fairness and no bias should come in between while delivering justice. The apex court should be given the utmost respect, any derogatory remark against it or the judges of the court shall be taken seriously and the action should be taken against it.

In a recent incident, the Andhra Pradesh Chief Minister Y S Jaganmohan Reddy levelled allegations against the judiciary. Such acts should not be entertained by a person in power. It is simply a misuse of his power and position. This article throws light on the consequences faced by the CM on such an act.

BACKGROUND OF THE CASE

The incident is all about the allegations made by Andhra Pradesh’s Chief Minister by writing a letter dated October 6 to the CJI alleging that the Andhra Pradesh High Court was being used to "destabilize and topple my democratically elected government".[1] He made serious allegations of interference in the course of administration of justice by Justice N V Ramana, the senior-most judge after the CJI and the next in line for the post.[2] According to Reddy, Justice Ramana, is close to the former CM of Andhra Pradesh, Chandrababu Naidu, and has been influencing the sittings of the high court judges of Andhra Pradesh — including the allocation of cases significant to the Telugu Desam Party — to a few selected judges. He has mentioned questionable land deals by Naidu in Amaravati before it was declared the site for the new capital of the state and has also alluded to the allotment of land to the two daughters of Justice Ramana.

Later, on October 10 the principal adviser to the CM, Ajeya Kallam in a press conference released the contents of the letter to the press. This action brought the letter to the public domain which could raise several questions in the minds of citizens of the country regarding the character and nature of the prominent public figure in power and position.

CONSEQUENCES

The CM has to face dire consequences of his act for making wild accusations against the senior-most judge. As a result, three separate petitions have been filed by advocates G S Mani, Sunil Kumar Singh, and the Anti-Corruption Council of India Trust. 

In the petition, it has been urged to the Supreme Court to issue a show-cause notice against Andhra Pradesh Chief Minister Jagan Mohan Reddy for his “frivolous and unsubstantiated allegations against a sitting judge of the Supreme Court.” Also, it has been asked in the petition to pass an order to bar Mr. Reddy from making such public statements against the judiciary and holding press conferences to malign the judicial institution.

Also, Advocate Ashwini Upadhyaya has written a letter to Attorney General KK Venugopal seeking his consent for filing a criminal contempt case against Andhra Pradesh Chief Minister YS Jagan Mohan Reddy in the Supreme Court. Upadhyaya seeks to initiate the contempt proceedings against Reddy for making “wild and reckless” allegations against the second senior-most judge of the Supreme Court Justice NV Ramana. Upadhyaya has also sought criminal contempt proceedings against Reddy’s principal advisor Ajeya Kellam for his press conference airing the allegations soon after the CM’s letter to CJI.[3] Under Section 15(1)(b) of the Contempt of Courts Act, 1971 read with Rule 3 of Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Attorney General's consent has to be obtained (If AG recuses, the SG’s) before a plea seeking criminal contempt is listed before the apex court if the petitioner is a third party.

The Supreme Court Bar Association has also passed a resolution condemning Reddy’s action in placing the letter in the public domain. It has been stated that such actions by constitutional functionaries are opposed to conventions and have a serious impact on the independence of the judiciary.

CONCLUSION

The letter by the Chief Minister is an attempt to encroach the line of separation made for the judiciary. He has misused his power and position to make vague and scandalized remarks against the seniormost judge of the Supreme Court. The petition also points out that it will shake the confidence of the public in the justice system and make them doubt the judiciary.

It is stated that the sitting Chief Minister's involvement in several criminal cases with the Central Bureau of Investigation and the Court, and therefore, avers that the allegations have been made to tarnish the reputation of the Court for personal gain and motive.[4] It is a dishonest and mischievous act to pressurize the judiciary. 

Last month, a bench of the Supreme Court headed by Justice Ramana delivered a judgment in which he passed directions, including a request to the chief justices of the high courts to head special benches to immediately hear criminal cases against MPs and MLAs, which are pending for decades. It also directed that the hearings should proceed on a day-to-day basis. Justice Ramana has been caught in the crossfire between the present and the former chief ministers of the state, and the judiciary has been unnecessarily dragged into an unseemly controversy.[5]

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REFERENCES

[1] SC judge U U Lalit recuses himself from hearing pleas against AP CM

https://economictimes.indiatimes.com/news/politics-and-nation/sc-judge-u-u-lalit-recuses-himself-from-hearing-pleas-against-ap-cm/articleshow/79243441.cms

[2] Andhra CM’s allegations against a SC judge must not be swept under the carpet

https://indianexpress.com/article/opinion/columns/jagan-mohan-reddy-andhra-pradesh-justice-n-v-ramana-corruption-supreme-court-6883221/

[3] AG’s nod sought for filing contempt case against AP CM Jagan Reddy for allegations against Justice Ramana

https://www.timesnownews.com/india/article/ag-s-nod-sought-for-filing-contempt-case-against-ap-cm-jagan-reddy-for-allegations-against-justice-ramana/672723

[4] Justice UU Lalit Rescues from hearing plea against Andhra CM Jagan Mohan Reddy over press conference against Justice Ramana 

https://www.livelaw.in/top-stories/justice-uu-lalit-recuses-from-hearing-plea-against-andhra-cm-jagan-mohan-reddy-over-press-conference-against-justice-ramana-165910

[5] Truth must come out, October 26, The Print


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