The Supreme Court has overturned a controversial order from the Andhra Pradesh High Court that criticized the Collegium and Chief Minister YS Jagan Mohan Reddy. The order, issued on December 31, 2020, was challenged by the State of Andhra Pradesh and Others vs Thota Suresh Babu and Others case.
The Supreme Court bench, consisting of Justices Bela M Trivedi and Pankaj Mithal, dismissed all contentious observations in the High Court order and resolved the matter.
Justice Rakesh Kumar, in the original order, disapproved of the Supreme Court Collegium’s decisions regarding the transfer of two Chief Justices. The order also criticized the Jagan Mohan Reddy-led government for interfering with the High Court.
The High Court accused the government of meddling with Constitutional institutions and causing delays in criminal cases against the Chief Minister. It emphasized that making baseless claims about a judge’s integrity is contemptuous. The High Court expressed concerns about influential individuals believing they can act with impunity, endangering the system and harming citizens. It also highlighted the challenges faced in protecting citizens’ fundamental rights in Andhra Pradesh.
The High Court urged the Supreme Court Collegium to be more transparent and consider that High Court judges hold Constitutional positions. Justice Rakesh Kumar suggested that judges should wait a year after retirement before taking on new roles to preserve judicial independence.
The Supreme Court has now overturned these observations. Senior Advocates Abhishek Manu Singhvi, Niranjan Reddy, and Mahfooz Ahsan Nazki represented the Andhra Pradesh government.
