Contemporary Delhi: Criminal knowledgeable General KK Venugopal has refused to think again his 2 November willpower declining consent to BJP chief and attorney Ashwini Upadhyay to provoke contempt court docket cases in opposition to the Andhra Pradesh chief minister and his predominant consultant for making allegations in opposition to judges.
The topmost law officer, in his answer to Upadhyay’s letter searching for reconsideration of the willpower, reiterated his stand announcing that the sphere of contempt was between Chief Justice of India (CJI) SA Bobde and Chief Minister YS Jaganmohan Reddy and his predominant consultant Ajeya Kallam.
Venugopal on Saturday also mentioned within the response that the attorney was now not precluded from elevating this field on his trust sooner than apex court docket judges or at some level of the hearing of a PIL filed by him, searching for a lifetime ban on convicted lawmakers.
Upadhyay, on 5 November, had told Venugopal to comprise a relook on the willpower and mentioned, “I humbly request you to leer these formulation (particularly the truth that the inquire of contempt is now not pending wherever else) and apt think again the granting of consent to my request.”
“That is a anguish of colossal importance at a time when our judiciary is silent besieged by attacks, and a whimsical stand desires to be taken by those of us who’re a segment of the institution,” he mentioned.
In the 7 November answer, Venugopal referred to his earlier response and mentioned, “The very crux of the alleged contempt lies within the contents of the letter written by YS Jaganmohan Reddy to the Chief Justice of India, and thus it is miles delivery to the Supreme Court to absorb the topic of contempt suo motu as equipped by the Contempt of Courts Act, and the principles made thereunder.”
“On condition that the CJI is seized of the topic, it might perhaps well perhaps now not be acceptable for me to grant consent and preclude the willpower of the Chief Justice of India on the topic. As that it is likely you’ll well moreover be undoubtedly aware, contempt is a topic between court docket and contemnor, and no one as of noteworthy can train upon the initiation of contempt court docket cases,” he mentioned.
Venugopal mentioned his willpower would now not preclude Upadhyay from bringing these info to the consciousness of the judges of the Supreme Court with a prayer for initiation of suo motu action.
“You can well likely moreover simply exercise this excellent by procedure of recordsdata positioned on the administrative side or by bringing it to the eye of the court docket at some level of the hearing of …where that it is likely you’ll well moreover be already a petitioner in person ,” Venugopal mentioned in his letter.
Taking the consent of the law officer is a condition precedent for initiating felony contempt in opposition to a person.
In an unheard of transfer, the executive minister, on 6 October, had written to the CJI alleging that the Andhra Pradesh High Court was getting used to “destabilise and descend my democratically elected government”.
Upadhyay then sought the consent of the Criminal knowledgeable General for initiating the contempt in opposition to the executive minister and his consultant.
Venugopal, on 2 November, termed as “prima facie contumacious” the habits of Reddy and Kallam for making allegations in opposition to the judiciary nonetheless declined consent to Upadhyay to provoke contempt in opposition to them on the grounds that CJI Bobde was seized of the topic.
The plea for relook has also been declined.