CM Jagan’s letter to CJI raises several questions – Prof K Nageshwar

Andhra Pradesh Chief Minister YS Jaganmohan Reddy’s letter to the Chief Justice of India making serious allegations on the senior judge of the Supreme Court and judges of high court raises several serious questions. What will Chief Justice do on this letter is widely debated both in the political and legal circles.

The letter makes serious allegations on Supreme Court senior Judge Justice NV Ramana, who is to take over as Chief Justice of India in April, 2021. Besides, the Chief Minister in his letter makes serious allegations on the High Court Judges too. Chief Minister alleges that two daughters, relatives and associates of Justice NV Ramana are the beneficiaries in questionable land transactions in the Amaravati Region which the government of Andhra Pradesh calls as insider trading. The Chief Minister has not only complained to Chief Justice but made public his allegations of financial impropriety on a sitting Judge of the apex court.

No action on the part of the Chief Justice on such grave charges would undermine the people’s confidence in the integrity, probity and independence of highest judiciary. Truth needs to be established. If the Chief Minister’s allegations are proved wrong, he will attract punishment under the contempt of court provisions for undermining the image of a Judge of the apex court in the eyes of the people. This is not to take a stand on the veracity of the allegations but inaction would only shatter the people’s confidence in the integrity, probity and independence of judiciary. The Chief Minister chose to place the allegations of misconduct of the sitting judge of Supreme Court in public domain as Article 211 of the Constitution of India prevents any such thing to be raised in Legislature. But, unless the Chief Minister establishes the ‘truth in public interest’, the Chief Minister is liable for contempt of court.

The Chief Minister’s letter further alleges that Justice N V Ramana has been influencing the sittings of the High Court including the roster of few honourable judges and matters important to TDP have been allocated to select Judges. Thus the Chief Minister concludes in his letter that there is a nexus between Justice Ramana, TDP and few Judges of High Court.

Chief Minister publicly making charges of political nexus on Judges of Supreme Court and High Court is, perhaps, unprecedented in the history of Indian Democracy. As there is no such precedent, it is difficult to speculate on the subsequent course of events. But, the allegations are not just on Justice Ramana but also on the entire High Court.

Four senior Judges of Supreme Court have earlier made similar allegations on the then Chief Justice on the manner in which benches are constituted and cases allotted as per the roster. The apex court has not taken a view on the allegations made by four sitting Judges in a publicly held press conference. Thus, it will be interesting to watch what view the Chief Justice of India takes on the alleged influence on the roster in High Court to favour a particular political party.

Thus, the letter given its serious implications for the image of Indian Judiciary cannot be brushed under the carpet.

By – Prof K Nageshwar

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