The Supreme Court on Friday quashed a controversial Andhra Pradesh High Court order passed by a bench led by Justice Rakesh Kumar in which the High Court had strongly rebuked the Collegium and Chief Minister Jagan Mohan Reddy [State of Andhra Pradesh and ors vs Thota Suresh Babu and ors].A bench of Justices Bela M Trivedi and Pankaj Mithal set aside all the contentious observations in the High Court order and disposed of the matter.The bench was hearing a plea by the State government challenging a December 31, 2020 ruling authored by Justice Kumar.Justice Kumar's observations had come in response to a recusal application filed by the State government seeking the judge's recusal from a case involving a challenge to the auction of State land.In the order, Justice Kumar had expressed his strong disapproval at the Supreme Court Collegium in relation to the transfer of two Chief Justices, while also castigating the YS Jagan Mohan Reddy-led regime in the State for its apparent attempts to undermine the High Court.While taking strong exception to the same, the High Court had not held back in accusing the government of interfering with the functioning of other Constitutional institutions.The delay in disposing of criminal cases against the Chief Minister was also criticised elaborately.The High Court had gone on to assert that when questions are raised over the honesty, integrity, sincerity and impartiality of a judge without any reasonable basis, the judge has every right to refer to undisputed facts in his defence.Further, it was noted that if any person had a grievance against a judge, the remedy was before a larger Bench or a higher court. Any deviation or venture to malign a judge without sound basis is contemptuous, the High Court had opined.It also flagged a disturbing trend wherein influential or powerful people are under the impression that they have every privilege to do anything at their convenience and to the peril of the system or poor citizens.The Court had added, "with heavy heart", that the protection of the fundamental rights of citizens in Andhra Pradesh by the High Court has become "very difficult."The High Court had also minced no words in stating that the Supreme Court Collegium should be more transparent and should consider the fact that High Court judges also hold Constitutional posts.Justice Kumar had opined that it would help maintain the independence of the judiciary if judges refrained from considering post-retirement engagements for at least a year after demitting office.These observations have now been set aside by the apex court.Senior Advocates Abhishek Manu Singhvi and Niranjan Reddy with advocate Mahfooz Ahsan Nazki appeared for the Andhra Pradesh government.
Justice Rakesh Kumar has been no stranger to controversy.His transfer to the Andhra Pradesh High Court from the Patna High Court, which is his parent High Court, was itself preceded by a diatribe against alleged corruption in the judicial system.Those remarks were made in a case involving the multi-crore Bihar Mahadalit Vikas Mission fund scam in which he had disposed of an anticipatory bail plea filed by former IAS officer KP Ramaiah.He had stated that corruption in “this High Court” (Patna High Court) was an “open secret”.However, this order was stayed by an eleven-judge Bench of the High Court before being quashed days later by a three-judge Bench. As part of the fallout, judicial work was also briefly withdrawn from Justice Kumar, before it was reassigned three days later.Justice Kumar recently resigned from the National Company Law Appellate Tribunal (NCLAT) where he had been serving as a judicial member after the Supreme Court took strong exception to his conduct for defying the top court's order in a case regarding the disclosure of results of Annual General Meeting (AGM) of Finolex Cables.The top court had also issued a contempt of court notice against him in that matter and censured him.
TAGS: Supreme Court Andhra Pradesh High Court Justice Rakesh Kumar Collegium
