Noting that no charges were brought against Jagan despite cases pending since 2011, the court asked, “Isn’t that a mockery of the system?”
Andhra Pradesh High Court Judge Judge Rakesh Kumar has made scathing remarks against Chief Minister YS Jagan Mohan Reddy and his government. The court was hearing a petition requesting his recusal in a case against the Chief Minister of Andhra. The court said that sentence “is simply an act of contempt and is highly disapproved.”
Judge Rakesh Kumar, who specified that it was he who made these remarks, also said that the Andhra Pradesh High Court was being “attacked by people in power”, noting that similar attacks had been made against the Legislative Council and the state. Election Commission in Andhra Pradesh.
“Today, a very disturbing trend has developed in our system. If one is influential, powerful, that is, both in money and in muscle, he feels that he is having all the privileges of doing anything according to his convenience and at the risk of the system or the poor citizen “, adding that after” surpassing and undermine “the Legislative Council and the State Elections Commission,” it was the turn of the Supreme Court in the state of Andhra Pradesh. “
“First the Legislative Council was attacked, then another Constitutional body, that is, the State Elections Commission; and now the Andhra Pradesh High Court and even the Supreme Court are being attacked by people in power, “said the judge.
The judge cited social media abuses against the Andhra Pradesh High Court for its orders overturning the government order introducing English as a compulsory subject in schools. “Social media was flooded with insulting and even abusive posts against this Honorable Court,” and that the Andhra Pradesh police failed to take action and protect the accused. The Andhra Pradesh High Court had heard in this case and has asked the CBI to launch an investigation in the case.
The judge also observed that he is “obliged to point out” that after the state government made accusations against Judge JK Maheshwari, who was hearing the case about the decentralization of the capital of Andhra, the Supreme Court recommended his name. Collegium for a transfer.
Judge Rakesh Kumar said: “I am not raising any questions about the transfer of the chief judges, neither from the Andhra Pradesh High Court nor from the Telangana High Court, but at the same time, I am forced to observe that transfer. The court or its chief justices may reflect some transparency and to improve or elevate the administration of justice. After all, they also hold constitutional positions such as members of the honorable college of the Supreme Court. “
The judge pointed out that after the transfer of the judge, who suspended the order of three capitals from the Andhra government, “there is a good chance that some time will be consumed in the reconstitution of the Court and, thereafter, that the zero hearing in those cases. “
The court noted that there were seven or eight pending criminal cases against CM YS Jagan Mohan Reddy, in addition to other cases brought by the Directorate of Enforcement (ED). The judge observed: “Surprisingly, although the cases are pending from 2011 onwards, to date, none of the cases have been charged. Isn’t that a mockery of the system?”
The court also touched on YS Jagan’s past of being charged in disproportionate assets cases and spending time in jail. The judge noted that he had been asked to Google “Khaidi Number 6093” for more information on Jagan, and when he did, he received “disturbing information”. He added that in several cases against Jagan, the Andhra police have filed closure reports, calling the charges false or “withdrawal of actions.”
“The aforementioned act of the Andhra Pradesh police reflects how the chief of police, that is, the director general of the Andhra Pradesh government police, is operating according to the government’s dictate, not in the defense of the rule of law in the state. I am well aware that many of my remarks made above may not be in line with technicality, but since I was on the brink of retirement my impartiality has been questioned by the Andhra Pradesh government to my face in the present proceedings, in In my defense, I was forced to record the above facts, which are based on the record and cannot be disputed. My only effort is to defend the majesty of the law, “said the judge in the order.
AP CM unceremoniously sent a letter to the CJI and with the Collegium transferring AP and the CJs from the Telanagana Superior Court, @ysjagan he got what he wanted, the High Court has said.
The Court has asked Collegium to be more transparent by stating that Superior Court judges are also constitutional officials. pic.twitter.com/n9SiDuaO1D
– Bar and bank (@barandbench) December 30, 2020
The judge also made scathing remarks about the rights of citizens in the state. “… with great regret, I cannot refrain from recording that the protection of the fundamental rights of the citizens of the State of Andhra Pradesh by this Court has become very difficult. I have noticed a flagrant violation rather than a usurpation of the rights of citizens granted by articles 21 and 22 of the Constitution of India, “said the judge.
Referring to the “unceremonious letter” from the Chief Minister to the Chief Justice of India against the judges of the Andhra Pradesh High Court, the judge said that Jagan managed to gain an “undue advantage” at that time. The judge’s new remarks on Jagan and his government brought the conflict between the government and the judiciary in Andhra Pradesh back to the fore.
In October, Jagan had written a letter to CJI SA Bobde, in an unprecedented measure, alleging that the Andhra High Court was being manipulated to “destabilize and overthrow my democratically elected government.” Jagan alleged that Justice NV Ramana, the second highest-ranking judge on the Supreme Court, was close to Chandrababu Naidu, and asked the CJI to investigate the matter.
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