New Delhi: The Supreme Court on Thursday strongly criticised Telangana Chief Minister Revanth Reddy in connection with his comments claiming bail this week for BRS leader K Kavitha, in the alleged Delhi liquor policy case, was due to a "deal" between ex-Chief Minister K Chandrasekhar Rao's party and the ruling BJP.
The apex court said it not bothered by politicians or if anybody criticises court's orders and stressed, "We do our duty as per conscience and as per our oath"
A visibly irked Justice B R Gavai said: "Such sort of a statement by a responsible chief minister (Revanth Reddy). That might rightly create apprehension in somebody's mind….”. Reddy's statement had hinted towards an alleged deal between the BJP and the BRS for securing bail for Kavitha. "That is casting aspersions on the court…," said Justice Gavai.
The bench, also comprising Justices P K Mishra and K V Viswanathan, said, "Have you read in the newspaper what he said? Just read what he has stated”.
Justice Viswanathan said, "Is this a statement to be made by a responsible person who is holding the office of Chief Minister?"
Justice Gavai said, “a constitutional functionary speaking in this manner”. Senior advocate Sidharth Luthra, representing the Reddy, said on Wednesday, I was in the High Court and there were various statements coming out and cross statements were being made and there were statements by one political outfit and another political outfit.
At this juncture, Justice Gavai said, “Why should they drag the court in political rivalry? Do we pass orders on consultations with political parties…that should be the ground for this proceeding to be transferred…”.
Justice Gavai said the judges’ are not bothered by politicians or if anybody criticises court's orders. “We do our duty as per conscience and as per our oath," added Justice Gavai. Justice Viswanathan said “there should be mutual respect for institutions, maintain arm’s length but have respect. Look at the statement…”. Justice Gavai said it reflects being adamant.
In an interaction with media persons, Reddy on Tuesday had said there are doubts over MLC Kavitha getting bail in five months when Manish Sisodia got it after 15 months and Kejriwal is yet to get it.
"It is a fact that BRS worked for the victory of the BJP in the 2024 LS polls. There is also talk that Kavitha got bail because of the deal between BRS and BJP," he had alleged. The bench said it always says that the courts will not interfere in the legislature, then that is expected from them also.
The apex court made these observations while hearing a petition seeking transfer of the trial in the 2015 cash-for-vote scam case, in which Reddy is an accused, from the state to Bhopal. The petitioners’ argued that Reddy could influence witnesses and tamper with evidence. A counsel informed the apex court that the Chief Minister had made strong statements against the police officials. Senior advocate Mukul Rohatgi, also representing Reddy before the court.
In the hearing before the lunch break, the apex court indicated that it may not move the trial out of the state, and stressed that there should be "complete faith" in its state colleagues. However, after the lunch break, the judges’ on the bench got irked with the statement made by the Chief Minister in connection with the bail granted by a bench comprising justices Gavai and Viswanathan to BRS leader K Kavitha earlier this week. The Chief Minister’s counsel faced the apex court’s fury.
The bench said if there is no respect for the court then the court would shift out the trial to another state. While cautioning Reddy, the bench said it is the highest court in the country and yesterday it issued notice to Rajesh Kumar, Maharashtra's Additional Chief Secretary (Forest and Revenue Department).
On Wednesday, the apex court had said Maharashtra is adopting dilly-dallying tactics in compensating the applicant regarding a land acquisition. A bench led by Justice Gavai asked Kumar why contempt action should not be initiated against him for "contemptuous remarks" made in an affidavit filed by the department, while directing the senior IAS officer to be present in the court on September 9.
After a detailed hearing, the court adjourned to Monday the petition to shift the trial. "We are not closing this now... we always say we will not interfere in the jurisdiction of the legislature and the same is expected of them too”, said the bench.
The bench said it was not foreclosing the transfer of trial against the Chief Minister and others in the 2015 cash-for-vote scam outside the state.
During the hearing, the court considered the name of E Uma Maheshwar Rao but it was pointed out he had earlier appeared for one of the accused. The counsel, present in the courtroom, also suggested the names of advocates Surendra Rao and Avinash Desai for the post of the prosecutor.
Before lunch break, the Supreme Court said it will appoint a special prosecutor to conduct the trial in the 2015 cash-for-vote scam case in which A Revanth Reddy is an accused.
Senior advocate C Aryama Sundaram, appearing for Bharat Rashtra Samithi (BRS) MLA Guntakandla Jagadish Reddy and three others, requested the court to transfer the trial in the case. He argued that the Telangana CM has been publicly making statements on the case.
The plea has raised the issue of a free and fair trial saying that Revanth Reddy has now become the chief minister as well as home minister of Telangana. “We will only say, in order to have complete faith in our judiciary. In order to have some impartiality, the sense of confidence in the minds of everyone. We will appoint….”, said Justice Gavai. Sundaram insisted that the ACB is directly under the Chief Minister and he holds the ministry.
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 the Accused No.1 has the 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.
The two cases against which the transfer was sought are Telangana through Addl. Superintendent of Police Vs. A. Revanth Reddy & Ors, and Telangana through Addl. Superintendent of Police Vs. Sandra Venkata Veeraiah. The cases are pending for trial before a special judge in Telangana.
Revanth Reddy has challenged the June 1, 2021 order of the high court by which his plea questioning the jurisdiction of the special ACB court to conduct the trial in the case was dismissed.
