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

Expressing its concern over Andhra High Court's recent order to examine 'breakdown of constitutional machinery in the state', the Supreme Court on Friday, stayed the order, as per reports. CJI S A Bobade reportedly commented, "We find it disturbing", before listing the matter after the Christmas vacation. The Andhra Pradesh government had moved the HC seeking a recall of its order, which was rejected by a division bench led by Justice Rakesh Kumar

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SC stays Andhra HC order on 'constitutional breakdown of state'

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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.

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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.

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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.