New Delhi:The Supreme Court on Monday sought a response from the Telangana Chief Minister A. Revanth Reddy on an application filed by Bharat Rashtra Samithi MLA Guntakandla Jagadish Reddy and others, accusing him of questioning the "independence of the judiciary".
The application submitted that the CM has made several devastating and unrespectful comments on the judiciary, opposition leaders and also on police officials, one among them are the remarks made upon the Supreme Court with respect to the bail of a leader belonging to BRS MLC K Kavitha.
The application said the CM has not only made such frivolous comments on the Supreme Court questioning the independence of the judiciary but also encouraged the Telangana Congress party to circulate the posters/banners to lower the dignity of this court.
The apex court observed that the Chief Minister should exercise some restraint in making public statements. "Judges will come and go...God forbid if his liberty is in jeopardy only this institution will protect (him)," the court observed.
Senior advocate Mukul Rohatgi, representing Revanth Reddy, submitted before a bench comprising Justices B R Gavai and K V Vishwanathan that there was a problem with his client’s statement and "I made amend that should be the end of the matter….they converted this as Congress vs BRS…”.
Senior advocate C A Sundaram appearing for the petitioners referred to some of the statements of the Chief Minister. “He is in-charge of ACB. He is Home Minister….ACB, prosecution is under him (Revanth Reddy) directly”, said Sundaram.
The bench queried him if the trial is transferred to some other state. Sundaram replied, “The difference is this: he is directly in-charge of the anti-corruption bureau, prosecution officers would have to report to him. None of the agency officers have been examined. It is the Home Ministry which decides who has to be examined or not….”.
Justice Gavai said if it is transferred to some other state, it will remain the same. “If it is in some other state, he won’t be in-charge of the prosecution”, replied Sundaram. At this Rohatgi said 25 witnesses were examined, "why didn't you protest?" Sundaram said none of them was a material witness, and eyewitnesses and the investigative officers are yet to be examined.
The bench told Reddy’s counsel to file a response to the intervention application. “Dragging the court and the lawyers in public…the allegation is you have..... Publishing the photograph of their own lawyer, who incidentally happens to be on the other side”, the bench told Reddy’s counsel.
Justice Viswanathan said: “We will come and go. God forbid if his liberty is in jeopardy only this institution will protect (him)…”. “What is this, different rule for land grabbers and another rule for government…”, said Justice Gavai. A counsel said on August 29, he made the statement and the apology was made on August 30. “Why should you drag the court and the lawyers’. File your reply”, said Justice Gavai.
The bench asked senior advocate Sidharth Luthra, also appearing for Reddy, that it is unfortunate that the courts and lawyers are dragged into the statements. “Particularly, somebody is holding a high office. Some sort of restraint is expected”, said Justice Gavai. "We are sensitive to all this," Justice Viswanathan orally observed. After hearing submissions, the bench scheduled the matter for further hearing after two weeks.
The bench issued a notice seeking a response from Reddy and others within two weeks on the application filed by Bharat Rashtra Samithi (BRS) MLA Guntakandla Jagadish Reddy and three others. The petitioners claimed that the Chief Minister, who also held the Home Ministry portfolio, has been publicly making statements regarding the case.
In the previous hearing, the apex court had criticized Reddy for his statement on bail granted to BRS leader K Kavitha in the Delhi liquor policy case. On August 30, the Telangana Chief Minister "unconditionally" expressed regret for the statements in connection with the bail granted to Kavitha.
In May 2015, Revanth Reddy, then with the Telugu Desam Party, was apprehended by the anti-corruption bureau (ACB) while allegedly paying Rs 50 lakh bribe to Elvis Stephenson, a nominated MLA, for supporting TDP nominee Vem Narendar Reddy in the legislative council elections. Apart from Revanth Reddy, the ACB had arrested some others. All of them were later granted bail.
The plea filed by GuntaKandla Jagadish Reddy and three others through advocate P. Mohith Rao stressed on the need for a free and fair trial and urged the apex court to transfer the case to Bhopal, Madhya Pradesh. The petitioners include a former deputy chief minister and former ministers of Telangana.
The plea said, “The accused no.1 who is prime accused in CR. No.11/ACB-CR1-HYD/2015 has become the Chief and Home Minister for the State of Telangana having 88 criminal cases pending against him and under these circumstances, as Accused No.1 has direct control over the prosecution it is understood that there cannot be any possibility for free and fair trial which is sine qua non of Article 21 of the Constitution”.
The plea said if the trial is continued by the principal judge for trial of cases at Hyderabad, Telangana then the rule of law will be vitiated and the judicial fairness, criminal justice system would be at stake shaking the confidence of the public at large.
