Rejecting the State Government’s plea seeking recusal of Justice Rakesh Kumar from hearing a batch of petitions challenging the sale of government land, the High Court of Andhra Pradesh made several scathing observations on the transfer of judges by the Supreme Court Collegium and the attempts of the Y.S. Jaganmohan Reddy-led government to undermine the High Court.
The order was passed by Justices Rakesh Kumar and D. Ramesh on an affidavit filed by Additional Advocate General Sudhakar Reddy on behalf of IAS Officer Pravin Kumar, director (full additional charge) of Mission Build AP, seeking recusal of Justice Kumar alleging that the Judge had made particular observation, which is quoted herein below: “How could the Government auction the properties of the State, had Government become bankrupt to auction Government properties. We will declare there is a break down of constitutional machinery in the State and hand over administration to the Central Government.”
Justice Kumar, however, denied having made such observations, and said, “The very act of the deponent of this petition who is a senior officer of the State of Andhra Pradesh is nothing but maligning the judiciary and undermining it and the same is contemptuous.” The bench accordingly directed the Registrar General to file a complaint for initiation of criminal prosecution against the Officer.
Expressing dissatisfaction, the bench said that it was unfortunate that such a petition has been filed not by a private party, but on behalf of the State.
Justice Kumar then pointed out that when the AP Legislative Council had not agreed to proceed with the tune of Legislative Assembly’s decision regarding the establishment of three capitals in one State, the Government of Andhra Pradesh recommended for the abolition of the Legislative Council itself. Even the office of State Election Commissioner, which is one of the constitutional organs, was not spared, since the State Election Commissioner was not proceeding as per the wishes of the State Government.
Justice Kumar thus remarked, “To some extent after getting success in overreaching and undermining two constitutional bodies, i.e., Legislative Council and the State Election Commission, it was the turn of highest Court in the State of Andhra Pradesh, i.e., High Court of Andhra Pradesh.”
It was further pointed out that bureaucrats of the State have been emboldened after apparent success of the Chief Minister of the State of Andhra Pradesh in addressing a letter to the Chief Justice of India and making it public, making allegation against one of the senior Judges of Supreme Court, the Chief Justice of AP High Court and a number of sitting Judges of AP High Court with their name.
The Judge without hesitation went on to state, “Whether by this act of sending unceremonious letter to the Hon’ble Chief Justice of India, the Hon’ble Chief Minister of Andhra Pradesh will get final relief or not but fact remains that he succeeded in getting undue advantage at the present moment. People may draw an inference as if after the so called letter of Hon’ble Chief Minister, the two Chief Justices, i.e., Chief Justice of High Court for the State of Telangana and Chief Justice of High Court of AP have been transferred. By the said transfer, naturally, the cases pending in the Court of Special Judge for CBI cases in Hyderabad against Sri Y.S. Jagan Mohan Reddy, present Chief Minister and others may be delayed and monitoring by the Hon’ble Supreme Court in W.P (Civil) No.699 of 2016 may hamper for the time being.”
The Judge further said “I am not raising any question on the transfer of Hon’ble Chief Justices, either of the High Court of Andhra Pradesh or of the High Court for the State of Telangana, but, at the same time, I am constrained to observe that transfer of High Court Judges or its Chief Justices may reflect some transparency and for betterment or upliftment of the administration of justice. After all, they are also holding Constitutional post like member of Hon’ble Supreme Court Collegium.”
Not sparing the State Police, Justice Kumar pointed out that after the Supreme Court passed an order directing courts to expedite criminal trials against legislators, Andhra Pradesh immediately thereafter filed closure report mentioning therein as ‘false’ in more than 7 or 8 criminal cases in which Y.S. Jagan Mohan Reddy, who is presently Chief Minister of Andhra Pradesh State, was accused and investigation in those cases was pending since several years.
The Judge said that “the aforesaid act of Andhra Pradesh police reflects as to how head of the Police, i.e., the Director General of Police, Government of Andhra Pradesh, is functioning as per the dictate of the Government, not in upholding rule of law in the State.”
Justice Kumar, while concluding the order, clarified that he was well aware that many of his observations made in the order may not be in consonance with the technicality, but since on the verge of his retirement, his impartiality has been questioned by the Government of Andhra Pradesh on his face, hence in his defence, he was constrained to record facts, which are based on record and may not be disputed. His only endeavour is to uphold the majesty of law, said the Judge.
Justice Kumar also applauded the members of the bar for being sincere In general, disciplined and their acts reflect as if they are really officers of the Court. However, some of the senior Law Officers of the State of Andhra Pradesh may not be treated at par with such learned counsel. In the present case, had the senior Law Officer rendered correct advice to the Government, there was no reason for the present unwarranted and unpleasant situation”, observed Justice Kumar.
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