andhra-pradesh-high-court-orders-cbi-inquiry-into-defamatory-remarks-against-judiciary-by-ysrcp-leaders-

[10/12, 18:25] Sekarreporter 1: https://www.livelaw.in/top-stories/andhra-pradesh-high-court-orders-cbi-inquiry-into-defamatory-remarks-against-judiciary-by-ysrcp-leaders-164340
[10/12, 18:25] Sekarreporter 1: While observing that “the person occupying high posts are indulging in waging a war against the judicial system in the State of Andhra Pradesh are oblivious of the fact that even their entity exists since there is a democratic system in our country”, the Andhra Pradesh High Court has ordered CBI probe into anti-judiciary remarks by YSRCP leaders.

In a strongly-worded order, the AP HC has said,

“In a democratic State if such war is initiated against the judicial system by persons holding high positions, certainly it will create unnecessary doubt in the mind of the citizen against the judicial system, which may cripple entire system.”

The order by the Bench of Justice Rakesh kumar and Justice J. Uma Devi comes 4 days after Y S Jagan Mohan Reddy, the Chief Minister of Andhra Pradesh, wrote a complaint to the Chief Justice of India, S A Bobde, alleging that some High Court judges are attempting to protect the interests of the major opposition party, Telugu Desom Party, in politically sensitive matters.

In this context, the petitioner, i.e., High Court of Andhra Pradesh, at Amaravati, taking a decision on the administrative side, preferred to invoke the writ jurisdiction under Article 226 of the Constitution of India, primarily ” with a view to protect its entity from the attack of some of the antisocial elements in our State”.
The Court has noted,

“Since the month of April, 2020, this Court has noticed that a new trend has developed in the State of Andhra Pradesh to abuse the High Court and its Judges on different sites of social media and even in the interviews given to electronic media.”

The Order further notes,

“Even the persons occupying high position went to the media and gave interviews against the High Court and its Judges, that too, from the party office belonging to a political party, which is in power.”

The counsel appearing for the petitioner submitted before the Court that,

“Against the Judiciary, which is one of the main pillars of the democracy, such scathing attack is being made with impunity, which requires immediate intervention and thorough investigation; and, as such, it was prayed to entrust the investigation into the aforesaid matter to an independent investigating agency.”

He further submitted,

“In view of the fact that the attack has been made by the persons occupying high positions and associated with the Government, there is no possibility of fair and independent investigation at the hands of an agency under the control of the State Government and requested to entrust the case to an independent and well equipped investigating agency like the CBI.”

Significantly, the Court directed to entrust all the FIRs, namely, Crime Nos.16 of 2020; 17 of 2020; 26 of 2020; 27 of 2020; 28 of 2020; 29 of 2020; 30 of 2020; 31 of 2020; 9 of 2020; 10 of 2020; 11 of 2020; and, 12 of 2020 of Cyber Crimes-CID, Amaravati, to the Central Bureau of Investigation through its Director.

It has been specifically stated that the investigation in all the aforesaid FIRs stands transferred to the Central Bureau of Investigation.

The CBI, through its Director, has been directed to take up investigation in all the aforesaid FIRs forthwith and proceed with the same in accordance with the law.

The Court has also directed the CBI that on examination of materials available on record, if other materials disclose cognizable offences, it would be necessary for the CBI to register more FIRs, investigate and bring the same to its logical end.

Importantly, the Order says,

“While conducting an investigation, it would be necessary to examine as to whether such attacks on Judiciary were made as a result of a larger conspiracy or not. If it is noticed that it was due to the result of a larger conspiracy, the CBI is required to take appropriate action against such culprits irrespective of the post and position.”

Further, the CBI has been directed that immediately after taking up the investigation, it may take steps so that all the defamatory posts available on social media, i.e., private respondents, may be struck down and may also take steps to block such users in accordance with the law.

CBI has been further directed to submit its report in a sealed cover to this Court within eight weeks from the date of receipt of a copy of this order.

The Government of Andhra Pradesh, through its Chief Secretary as well as the Director-General of Police, are directed to ensure full cooperation and assistance and provide all logistic support, if asked by the CBI.

It may be noted that earlier, the High Court of Andhra Pradesh had issued notice to Centre, AP Government, AP Police, Google, Twitter, Facebook, Instagram and Whatsapp in a writ petition filed by the High Court itself seeking action against defamatory social media posts against the judiciary.

The petition filed through HC Registrar sought directions to the police to take action on two FIRs, lodged on 16 April and 18 April, complaining against unknown people posting “defamatory and scandalous material” on social media platforms.

These complaints mentioned comments relating to different judgments passed by the HC adverse to various decisions of the State Government. Earlier, the HC had initiated suo moto contempt action against 49 persons for allegedly posting such contents in social media.

The Court had issued suo moto contempt notices to 49 persons, including a Member of Parliament and a former Member of Legislative Assembly, observing that they made intimidating and abusive social media posts against judges.

Bapatla MP, Nandigam Suresh and former MLA Amanchi Krishna Mohan, both belonging to the ruling YSR Congress Party (YSRCP), are among those who were served the notices.

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