Attorney General informs BJP leader how SC can be urged to initiate contempt against Andhra Pradesh CM but declines consent from his end

Laying down options before BJP leader Ashwini Upadhyay on how he can urge the Supreme Court to initiate suo motu contempt proceedings against Andhra Pradesh Chief Minister YS Jaganmohan Reddy, Attorney General KK Venugopal has again declined consent to initiate contempt proceedings in the matter.

. Upadhyay had urged the AG KK Venugopal to grant permission to initiate suo motu contempt proceedings against Reddy and his principal advisor, Ajeya Kallam for a letter written to Chief Justice of Inda SA Bobde containing allegations against Justice NV Ramana.

.Conduct of Andhra CM and his advisor "contumacious": AG KK Venugopal declines consent for contempt against YS Jaganmohan Reddy. The AG, on his end, has informed Upadhyay that the Supreme Court can be urged to take up the matter either by way of Upadhyay's pending petition concerning the decriminalisation of politics or by placing information on the administrative side.

. As noted in the AG's letter,

. "My refusal to grant consent does not preclude you from bringing these facts to the notice of Supreme Court judges with a prayer for initiation of contempt proceedings. You may excercise this right by either way of information placed on the administrative side or by bringing it to the attention of the court during the hearing of WP (C) 699/2016 where you are already the petitioner in person." Attorney General KK Venugopal . The AG has reiterated that the very crux of the contempt lies in the letter written by Reddy to CJI Bobde, which has been taken note of by the Court.

. As such, the AG has said,

" Given CJI is seized of the matter it would not be appropriate for me to grant consent and preclude the determination of the Chief Justice in the matter. "

.Attorney General KK Venugopal's consent sought to initiate contempt against Andhra CM YS Jaganmohan Reddy. The Attorney General has further clarified that contempt is a matter between the Court and the contemnor. No one can insist on the Court to initiate contempt proceedings, he adds.

. The AG has further stated that the letter written by Reddy to CJI was widely reported and was " not a private missive ." Thus, there was no reason for him to change his mind regarding granting consent to initiate contempt.

. In his earlier letter to Upadhyay, AG Venugopal had admitted that " objectionable statements " were indeed made in the letter addressed by Reddy and that the " Chief Justice is well aware of the nature of allegations in the letter ."

. The AG had further stated that the " timing of the letter " and its publication was itself " suspect ", as it was done soon after a Supreme Court Bench headed by Justice Ramana called for the expeditious disposal of cases against legislators.

. Upadhyay's letter states that the Andhra CM is himself an accused in at least 31 cases concerning the Prevention of Corruption Act and the Prevention of Money Laundering Act, pending before the Special Court situated under the jurisdiction of Telangana.

. " He has been granted bail and continues to discharge his duties as a public servant while these trials are on ," Upadhyay stated.

.SCBA EC condemns Jagan Mohan Reddy for levelling allegations against Justice NV Ramana, SCBA President opts out of resolution. Referring to his plea seeking to establish special courts to try cases against MPs and MLAs, Upadhyay's letter states that the Supreme Court was informed by the State of Telangana in October that day-to-day trial of cases against legislators would commence Thus, Reddy is "directly affected" by this as he is also an MLA who face cases.

. Upadhyay further stated,

" ...if this kind precedent were allowed, political leaders would start making reckless allegations against judges who do not decide cases in their favour and this trend would soon spell the death knell of an independent judiciary ."

. Citing the letter sent by Reddy to CJI Bobde wherein detailed allegations have been levelled against Justice NV Ramana, Upadhyay describes the same as " scurrilous " and an attempt to interfere with the course of his plea seeking expeditious trial against legislators. The letter states,

" The audacious assault by the Chief Minister and Kellam on the judiciary of the country is without precedent. The timing of the letter, the contents of the same, the rush to spill it to the public while the matter was pending with the Chief Justice and the separate Statement read out by Shri Kellam make it manifestly clear that this was done to interfere with the course of justice and lower the authority of the court ."

. Urging that a contempt case be filed against Kellam, the letter states that the principal advisor " is a senior IAS officer and ought to know better about the consequences of releasing such material to the press ".

. For these reasons, among others, Upadhyay had sought consent from AG Venugopal under Section 15(1)(b) of the Contempt of Courts Act, 1971 read with Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975.

. (Read letter)

Attorney General informs BJP leader how SC can be urged to initiate contempt against Andhra Pradesh CM but declines consent from his end

Debayan Roy

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