Andhra HC states 'attack on High court by those in power'; comments on 'transfer of CJs'

In the ongoing face-off between Andhra CM Jagan Mohan Reddy and the Andhra High Court, Justice Rakesh Kumar on Wednesday, observed that 'the High Court is under attack by those in power', while reading out the detailed order rejecting the Andhra government's plea seeking his recusal from a case. The High Court also observed that with the transfer of Chief Justices of Telangana and Andhra Pradesh after Jagan's 'unceremonious' letter, he had 'succeeded in getting an undue advantage' in its order. Recently, the  Supreme Court stayed Justice Rakesh Kumar's order to examine 'breakdown of constitutional machinery in the state', with CJI S A Bobde commenting, "We find it disturbing", before listing the matter after the Christmas vacation.

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AP High Court: 'Attack on HC by people in power'

"Firstly, attack was made on Legislative Council, thereafter another Constitutional body, i.e., State Election Commission; and, now the High Court of Andhra Pradesh and even the Supreme Court is under attack by persons, who are in power," read the judgment. Moreover, Justice Kumar added 'I am not raising any question on the transfer of the Chief Justices', but observed that transfers must reflect 'transparency' and be for the 'betterment or upliftment of the administration'. The high court also pointed out that the transfer of the two justices were at a time when a slew of cases related to the Jagan government were being heard by the respective justices.

SC stays Andhra HC's order on 'constitutional breakdown in state'; calls it 'disturbing'

Andhra HC order on state government

On November 20, a division bench of the Andhra Pradesh High Court converted the hearing on a batch of habeas corpus petitions and petitions alleging police excesses to ascertain whether there is a "constitutional breakdown" in the State. During the hearing, Justice Rakesh Kumar made observations on the Jagan government's policies - terming the three-capital decision as 'mindless' as crores of public money have already been spent on the present capital. He also pointed out that the present High Court building at Amaravati was inaugurated by the Chief Justice of India. In response, the Jagan govt sought Justice Kumar's recusal from the case, which was turned down by Justice Kumar. The Andhra HC has recently initiated contempt proceeding and ordered a CBI inquiry into several YSRCP members, for objectionable social media posts on the judiciary.

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Jagan's legal battle

Recently, Andhra Chief Minister Jagan Mohan Reddy created a furore, by writing to CJI S A Bobade, alleging that next-in-line for CJI - Justice NV Ramana - is trying to influence the High Courts due to his proximity with former CM Chandrababu Naidu. In an 8-page letter sent to CJI SA Bobde on October 6, Jagan Mohan Reddy has accused Justice NV Ramana of being biased towards TDP and claimed that attempts are being made to topple his government. He has also accused him of influencing the sittings of the High Court in a way that matters important to Telegu Desam Party are allocated to a few Honourable judges. Jagan also highlighted that Justice Ramana was a legal advisor and Additional Advocate General under the TDP government. 

In response, BJP advocate Ashwini Kumar Upadhyay had written to Attorney General KK Venugopal to initiate criminal contempt proceedings against Jagan. The AG wrote back maintaining that while he found Jagan's letter to CJI SA Bobde 'objectionable', he refused to initiate proceedings against the CM as the CJI was aware of the matter. Justice Ramanna had directed pending prosecutions of elected representatives to be disposed off expeditiously, noting 31 criminal cases were pending against Jagan himself - who is out on bail since 2011.

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