SC stays controversial order of AP high court

[Anta Assamey]

The Supreme Court on Wednesday stayed a controversial order given by a division of bench of Andhra Pradesh high court comprising Justice Rakesh Kumar (who is now retired) and Justice D Ramesh, which passed serious comments against the YSR Congress party government led by chief minister Y S Jagan Mohan Reddy.

A Supreme Court bench comprising chief justice S A Bobde and justices A S Bopanna and V Ramasubramanian stayed the order of Justice Rakesh Kumar which questioned the wisdom of the legislature, the government, the Chief Minister and advocates representing the State.

The stay order was issued after hearing submissions by Senior Advocate Sajan Poovayya, appearing for Andhra Pradesh government, which filed an SLP in the Supreme Court in the first week of January.

The order was passed by Justice Rakesh Kumar bench on December 30, exactly a day before his retirement, while dealing with a petition on Mission Build project of the state government. 

The order followed a petition filed by the state government seeking recusal of Justice Rakesh Kumar on the ground that he had prejudged the issue even without hearing the State.

The government alleged that Justice Kumar threatened to declare that there is a breakdown of Constitutional machinery in the state and he would hand over the administration to the Centre.

The judge also called for an explanation from the Chief Minister as to why contempt proceedings should not be initiated against him, even as it claimed that the statements made in the application were untrue.

Justice Rakesh Kumar also referred to the alleged “criminal background” of Jagan Mohan Reddy based on his “google search.”

He also objected to the transfer of chief justice of Andhra Pradesh high court at a time when he was hearing several crucial cases.

He also alleged that there was blatant violation of the rights of the citizens in the Jagan government, as was evident from the filing of several Habeas Corpus petitions following alleged illegal detention of people.

He even questioned the three capitals’ decision, inaction of the police in the abuse of judges episode etc.