#ImpStory π¨
A case of 'Bench Hunting' coming from the Supreme Court of India. A politically sensitive matter was removed from a particular judge and suddenly listed before another judge, whose law clerk has links to the politician in question.
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A case of 'Bench Hunting' coming from the Supreme Court of India. A politically sensitive matter was removed from a particular judge and suddenly listed before another judge, whose law clerk has links to the politician in question.
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Bharathi Cement Corporation Private Ltd β in which Andhra Pradesh Chief Minister YS Jagan Mohan Reddyβs family holds 49% stake, and his wife, Y S Bharathi Reddy, is a Director β is facing an Enforcement Directorate case since 2016.
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ED launched d investigation on the basis of a chargesheet filed by CBI accusing Jagan, son of then Andhra Pradesh CM YS Rajasekhar Reddy, of entering into a criminal conspiracy with others to get a mining lease allotted to Bharathi Cement Corp of which his wife was a part.
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This company has been getting major government orders despite allegations of quid pro quo.
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indianexpress.com
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indianexpress.com
"Jagan received bribes from various people and companies in the guise of investments in his group companies as a quid pro quo for undue favours granted to them by the Andhra Pradesh government", the ED said in a statement in 2016.
deccanchronicle.com
deccanchronicle.com
Important part is this.
ED had said that Bharathi Cement Corp had received the 'proceeds of crime' in the form of limestone mined from the mines allotted illegally to them in Kadapa district by the then AP govt. The value of limestone works out to be more than Rs 152 crore.
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ED had said that Bharathi Cement Corp had received the 'proceeds of crime' in the form of limestone mined from the mines allotted illegally to them in Kadapa district by the then AP govt. The value of limestone works out to be more than Rs 152 crore.
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ED freezed this 152-crore asset. On 26 July, 2019, PMLA Appellate Tribunal ordered the whole amount to be released to Bharathi Cement Corp and a bank guarantee to be instead deposited with ED.
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This was challenged before the Telangana High Court. The High Court upheld the order and dismissed ED's petition on 27 April, 2022.
ED has now appealed before the Supreme Court.
This is where it gets murky.
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ED has now appealed before the Supreme Court.
This is where it gets murky.
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The politically sensitive matter was listed before a 2-judge bench headed by Justice Krishna Murari and having Justice V Ramasubramanian, on 30 January this year.
An adjournment was sought and it was granted and specifically directed to be listed on 06 February.
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An adjournment was sought and it was granted and specifically directed to be listed on 06 February.
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As per this cause list dated 06 Feb, the Bench composition changed and except for any *part-heard matters*, the cases previously listed before Justice Murari and Justice Ramasubramanian, would now be heard by Murari and Justice Amanullah.
Notice which case has been "deleted".
Notice which case has been "deleted".
The case deleted is the ED appeal against Jagan Reddy. The reason stated is "deleted and listed in court no. 15".
Court no. 15 is of Justice Ramasubramanian. The shocking part is there was no proper reason given by the SC Registry for deleting and changing the bench itself.
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Court no. 15 is of Justice Ramasubramanian. The shocking part is there was no proper reason given by the SC Registry for deleting and changing the bench itself.
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Why was the matter deleted and relisted before Justice R, especially when the matter was not heard at all and directly adjourned, forget "part heard"?
Why did the Registry suddenly change the judge?
Something does not meet the eye here.
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Why did the Registry suddenly change the judge?
Something does not meet the eye here.
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The incident raises questions especially given that AP CM Jagan Reddy's Rajya Sabha MP- Sirgapoor Niranjan Reddy's son is a law clerk to Justice Ramasubramanian. Some lawyers question how and why this sudden change in judge and case going before Justice R.
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It is not the first time that cases have been suddenly deleted and listed before another bench. It is no secret that hands are greased and deals are struck, as is evident by this news report.
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barandbench.com
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barandbench.com
Questions that come to mind- why was a politically sensitive matter suddenly deleted and listed before another judge who was an ex-judge of the State's High Court?
A law clerk whose father is an active party member of the man whose company is under probe for money laundering?
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A law clerk whose father is an active party member of the man whose company is under probe for money laundering?
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The many failings of a non-transparent, unaccountable system i.e. the Supreme Court administration.
There's more that cannot be written.
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There's more that cannot be written.
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Also, watch how Justice Victoria Gowri on the day of her oath taking, thanks Justice Ramasubramanian. He was a consultee judge and had recommended her name for appointment as a judge.
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