Supreme Court Issues Notice to Andhra CM Jagan Reddy on Bail Cancellation Plea

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The Supreme Court of India has issued a notice to Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy, seeking his response to a plea that challenges the bail granted to him in a disproportionate assets case. The bench, comprising Justices Abhay S Oka and Pankaj Mithal, also directed the Central Bureau of Investigation (CBI) to respond to the appeal filed by YSR Congress rebel MP Raghu Ramkrishna Raju.

Raju, in his petition, expressed his concern over the state machinery being manipulated to benefit the sitting chief minister. He stated,

“My conscience is shaken by the manner in which the state machinery is being manipulated to suit the sitting chief minister of the state.”

Advocate Balaji Srinivasan, representing Raju, argued that the Telangana High Court had erred in rejecting the plea for cancellation of Reddy’s bail, contending that the order was passed mechanically without proper consideration of the accused’s breach of bail conditions. He also challenged the order granting exemption to Reddy from personal appearance in the trial, stating,

“The impugned orders have caused a travesty of justice in as much as it has permitted the accused and prosecuting agency to have a ‘friendly match’ while the umpire (the HC) has lost its wicket.”

The petition further highlighted a concerning pattern in the trial, alleging that it is being artificially directed towards acquittals or discharge of the accused by delaying and prolonging the trial. It accused the prosecution of supporting the accused’s endeavor in this regard, stating,

“The criminal trial in the present case is artificially being directed towards acquittals/discharge of the accused persons by simply delaying and prolonging the trial. The prosecution has been supporting the accused persons’ endeavor in this regard.”

Raju also criticized the exemption from personal appearance granted to Reddy, arguing that his status as Chief Minister should not influence judicial decisions.

“The so-called changed circumstance of the respondent no.1 becoming the CM should not have had any bearing on the grant of permanent exemption; and simply sends out the message that persons in power get liberties which an ordinary person would not,”

the petition said.

The Supreme Court has scheduled the hearing of this petition in January, alongside another petition by Raju seeking the transfer of the trial against Reddy to Delhi. The Andhra CM has been accused of amassing disproportionate assets worth ₹40,000 crore, with 11 cases registered by the CBI in August 2021 under various provisions of cheating, forgery, criminal breach of trust, criminal conspiracy under the Indian Penal Code (IPC), and acts of corruption by a public servant punishable under the Prevention of Corruption Act.

Srinivasan, assisted by advocate Rohan Dewan, pointed out the “sorry state of affairs” in the trial, accusing the CBI of being a “silent spectator” to the abuse of court processes. The petition emphasized,

“The state machinery (CBI) have been more than happy to be silent spectators to this abuse of the processes of courts…There appears to be a pattern discernable in relation to Prevention of Corruption Act cases which reveals a disturbing trend of prosecution and accused having friendly matches.”

This development in the Supreme Court signifies a critical phase in the ongoing disproportionate assets case against Andhra Pradesh’s Chief Minister, with implications for the state’s political and legal landscape.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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