The Andhra Pradesh High Court observed on Wednesday that the recent transfer of the high judges of the Andhra Pradesh and Telangana high courts would delay the proceedings in the three capitals case and pending CBI cases against Chief Minister YS Jagan Mohan Reddy , giving you an “undue advantage”.
The scathing observation was made by Judge Rakesh Kumar, as he rejected a request submitted by the AP government to recuse himself from a case related to the sale of government land in the Guntur and Visakhapatnam districts.
Judge Kumar also noted that the Andhra Pradesh High Court and High Court are “under attack” by those in power.
“We do not know whether or not the Chief Justice of India has taken any contempt proceedings for such action (Jagan’s letter to the CJI). But, it is a fact that on December 14 the Supreme Court College recommended the transfer / appointment of the chief justices, which includes the transfer of the president of the AP High Court to the Sikkim High Court and the transfer of the Chief Justice of the Supreme Court. of Telangana. Court to the High Court of Uttarakhand. Whether from this act of unceremoniously sending a letter to the Chief Justice of India, the Chief Minister of Andhra Pradesh will get the final relief or not, but the fact is that he managed to gain undue advantage at this time. People can make an inference as if after the so-called letter from the Chief Minister, the two Chief Judges, that is, the President of the Superior Court of the State of Telangana and the President of the Superior Court of AP had been transferred. Due to such transfer, naturally, pending cases in the Special Judge Court for CBI cases in Hyderabad against YS Jagan Mohan Reddy and others may be delayed and the supervision by the Supreme Court in WP (Civil) No.699 of 2016 may hinder for now, “he observed.
In an unprecedented move, on October 6 the Chief Minister of Andhra Pradesh wrote to Chief Justice of India (CJI) SA Bobde alleging that the state’s High Court was being used to “destabilize and overthrow” his elected government. democratically. Andhra Pradesh Chief Justice JK Maheshwari was transferred to Sikkim High Court, weeks after the letter to the CJI.
The judge also noted that there must be transparency in the SC Collegium orders. “I am not raising any questions about the transfer of the Chief Judges, either the Andhra Pradesh High Court or the Telangana State High Court, but at the same time, I am obliged to observe that transfer of the High Court. Chief judges may reflect some transparency and to improve or elevate the administration of justice. After all, they also hold constitutional positions as members of the College of the Supreme Court, ”he observed.
In a direct attack on Prime Minister Jagan Mohan Reddy, Judge Rakesh Kumar stated that he googled to find out the cases against him. “Until the publication of the letter from the Chief Minister of Andhra Pradesh, I did not have much information about him. But immediately afterward, I was curious to hear from him. Subsequently, I was told that if I go to the site ‘Google’ and type only “Khaidi No. 6093”, I can get information. As a result, I did the same and then got very disturbing information, ”he observed.
Judge Rakesh Kumar also attached several articles to his order regarding the CBI cases against CM Jagan Mohan Reddy, and gave details of all the CBI and Enforcement Directorate cases against him. Addressing the petition submitted by the government to recuse himself from the case, Judge Kumar stated: “In the current group of cases in which the final hearing has not yet started, a petition has been unceremoniously filed, not by the individual, but on behalf of the State of Andhra Pradesh, duly sworn in by a high ranking bureaucrat making a wild accusation against one of the members of the division bench judge Rakesh Kumar). For a time I was in awe of such behavior from the State, but immediately afterwards, I realized that the bureaucrats of this State have been emboldened after the apparent success of the Chief Minister of Andhra Pradesh in addressing a letter to the Chief Justice of India public. , making an accusation against one of the superior judges of the Supreme Court, the president of the Supreme Court of AP and the number of judges in functions of the AP Supreme Court with their names.
Rejecting the request to recuse himself, he observed: “If such requests are accepted, it will amount to allowing the party to hunt in the Bank. No such action was expected from the State, but in this State, as I have observed the circumstances above, anything can be possible. However, at the same time, the Court cannot be frightened by such action by the State ”.
.
