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This is an archive article published on October 16, 2020

Petitioner behind court for MPs slams Jagan, wants full SC to ‘take stern steps’

Slamming the Chief Minister for his “blatant attempt to shake the confidence of the public at large in the judiciary,” Upadhyay said, “Reddy has crossed the line which separates Judiciary and Executive”.

Andhra fishemen, Andhra government, Andhra govt initiative for fishermen, YS Jagan Mohan Reddy, India news, Indian expressAndhra Pradesh Chief Minister Y. S. Jaganmohan Reddy. (File)

Advocate Ashwini Upadhyay, on whose PIL the Supreme Court had ordered special courts for cases against MPs and MLAs, wrote Thursday to Chief Justice of India S A Bobde, urging him to call a meeting of the full court in the wake of Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy’s letter to the CJI and a press conference levelling charges against Justice N V Ramana. Slamming the Chief Minister for his “blatant attempt to shake the confidence of the public at large in the judiciary,” Upadhyay said, “Reddy has crossed the line which separates Judiciary and Executive”.

Upadhyay sent the letter on the day more Bar associations condemned Reddy’s remarks and rallied behind Justice Ramana who is next in line to be the CJI. His PIL, filed in 2016 with a view to check criminalisation of politics by fast-tracking criminal cases against sitting and former legislators, is currently being heard by a bench headed by Justice Ramana.

In his letter, Upadhyay alleged “serious cases of corruption, black money, benami property and disproportionate assets are pending against Mr Reddy and his colleagues”.

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Referring to an analysis by NGO Association for Democratic Reforms (ADR), his letter stated, “Reddy and his colleagues are facing serious charges of crime and corruption, which would have landed any ordinary man in jail for at least 10 years, if sentenced concurrently, and for more than 30 years, if sentenced consecutively.”

He pointed out that he had also filed other PILs, including one seeking ban on a convicted person from forming a political party and/or becoming political office bearer, another seeking consecutive sentencing of the corrupt, still another to bring national and state-recognised political parties under the ambit of the RTI Act, which are all pending in court.

“The letter (by Reddy) and press conference is no more than a dishonest and mischievous attempt to pressurize the judiciary, when above stated PILs are likely to be heard for final disposal. The letter was released in public domain not only to derail the above matters but also to intimidate judicial proceedings. In fact, Mr Reddy is not only indulging in bench-hunting but also wants the Apex Court to stop hearing these cases,” Upadhyay alleged.

He said “this is not a silly mischievous deceitful act but a deliberate fraudulent and calculated attempt to not only undermine the Apex Court but also to terrorise the Judiciary. Therefore, I request to call ‘Full Court Meeting to discuss the Issue’ and take appropriate stern steps in order to give a strong message, so that no one can even think of using such deceitful and fraudulent tactics against the judiciary in future.”

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Meanwhile, the Supreme Court Women Lawyers Association (SCWLA) has backed the Supreme Court Advocates-On-Record Association (SCAORA) resolution expressing “deep anguish” over the contents of the letter written by the Chief Minister, and its “unwarranted release” in public.

“SCWLA condemns in the strongest terms what appears to be an attempt to malign the reputation of the Learned Judge and the dignity of the Institution, thus shaking the confidence reposed in the institution by the people of India as also worldwide,” Association general secretary and advocate Prerna Kumari said in a statement.

In a press release, Bar Council of India chairman and senior advocate Manan Kumar Mishra said the “Council is aghast and appalled at the reprehensible move by the” Chief Minister “to target” Justice Ramana and “several judges of Andhra Pradesh High Court, including its Chief Justice… with the sole aim to undermine the independence of the judiciary and browbeat judges to suit his own purposes”.
“The fact that Justice Ramana is next in line to be the Chief Justice of India makes the intentions of these people more obvious,” the release stated.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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