TAMILNADU ADVOCATES ASSOCIATION CONDEMNS THE DEROGATORY, UNETHICAL, BASELESS STATEMENT OF Y.S.JAGAN MOHAN REDDY MALIGNING THE INSTITUION. JUDICIARY IS ALWAYS ULTIMATE AND PERSONS TRYING TO DEFAME THE JUDICIARY IS UNACCEPTABLE AND A SERIOUS VIEW TO BE TAKEN SAYS MR. S.PRABAKARAN, SENIOR ADVOCATE, PRESIDENT OF TAMILNADU ADVOCATES ASSOCIATION.

TAMILNADU ADVOCATES ASSOCIATION CONDEMNS THE DEROGATORY, UNETHICAL, BASELESS STATEMENT OF Y.S.JAGAN MOHAN REDDY MALIGNING THE INSTITUION. JUDICIARY IS ALWAYS ULTIMATE AND PERSONS TRYING TO DEFAME THE JUDICIARY IS UNACCEPTABLE AND A SERIOUS VIEW TO BE TAKEN SAYS MR. S.PRABAKARAN, SENIOR ADVOCATE, PRESIDENT OF TAMILNADU ADVOCATES ASSOCIATION.

TO:
THE HON’BLE CHIEF JUSTICE OF INDIA DATE: 15.10.2020
SUPREME COURT OF INDIA PLACE: CHENNAI
TILAK MARG, MANDI HOUSE,
NEW DELHI, DELHI 110001

SUBJECT: STRONG CONDEMNATION ISSUED AGAINST THE LETTER ISSUED BY Y.S.R JAGAN REDDY
1. It is with much pain I am writing the present letter to your lordships, the letter which is in circulation by Shri. Y.S. Jagan Reddy, Chief Minister of Andra Pradesh for the past one week has created a tremor in the history of Indian Judiciary. At the outset I, state that the letter is baseless, filled with malafide, personal gain and motivated. A form of disturbance that impede the functioning of the court was circulated by the Chief Minister of Andhra Pradesh Shri Jagan Mohan Reddy, scandalizing, lowering the authority of the judiciary raising false allegations against Justice N.V. Ramana and other judges, under the pretext interference in the lower judiciary.

2. First of all it is so unfortunate about the statement issued by the chief minister of Andhra Pradesh after he was frustrated that he was not able to fight against his rival party. The letter intended to say nothing, but to spoil the image of the functioning of Judicial system. Shri. Y.S.R Jagan Reddy is facing umpteen number of cases against him for disproportionate of assets which includes CBI and Enforcement cases. Shri Jagan Reddy’s derogatory and defamatory statements against the Supreme Court Judge and the Hon’ble Judges of the Andra Pradesh High Court does not warrant in the system of judiciary, but the letter has been written by the chief minister of Andra Pradesh only to defame the Hon’ble Judges with politically motivated intent. The problem between the present chief minister and the former chief minister Shri. Nara Chandrababu Naidu which made him to write such intended letter to the Hon’ble Chief Justice of India.

3. Apart from the political rivalry among two parties, to gain clout and to settle scores the letter dated 06.10.2020 has been addressed. But in the present letter he has questioned the integrity of the Judicial system in entirety. It is to state that the Chief Minister of Andra Pradesh is well aware of the content and the consequence of the content before addressing something either in public or specific. Though, baseless allegations are reached by him against the judicial setup, it has brought down the level of judicial system in India and has damaged the reputation and defame with irreparable loss has been caused.

4. If Mr. Jagan Reddy is having any grievance with regard to the rival party he should have initiated appropriate proceedings against them and should have opted legal course of action, Inspite of adopting legal method, the formula at present by shri. Jagan reddy is unethical, illegal and biased. If the course of action alleging the rival parties action, he should have stopped there, but he has raised concerns among the legal professionals and the faith of the general public. He was dare enough to write something ill about the Highest Constitutional Authority without any material or base. We are shocked to see such intended and motivated letter which is in circulation for the past one week, with comments about the involvement of Hon’ble Judges of the Country. It has brought disrepute to the entire system for a single person’s personal vendetta with all vindictiveness.

5. It is to bring it to your lordship’s notice that in recent times to say it is a tough time that the freedom of speech and expression misused and abused and it is very sorry state of affairs that the person’s holding the constitutional office are also a part of bringing disrepute to the legal system. The letter dated 06.10.2020 is written based on his assumption and presumption. I shortly say that a bad dream has disturbed him to write such a derogatory, unsustainable letter against the judicial system.

6. By writing such defamatory letter, he has caused the ill-repute to the Judiciary and has shaken the belief of the people. The aim of the letter only seems to be to shake the faith of the people that have been bestowed upon on the Judiciary since time immemorial. Politics is a business meant only for politicians for their political mileage and scandalizing the Judiciary seems to be the new found tool in their arsenal. Not only to gain political mileage but to purposely derail the faith placed by many upon the judiciary which is the last resort sought by people of this nation for Justice.

7. The Letter by itself is a manifestation of wild conjectures purposely built on the strength of empty words that doesn’t even deserve a cursory glance. Even when the letter suffers from any iota of truth such daring attempts are done to scandalize Judicial Institutions only hinder and harper their regular functioning of disbursing Justice. Infact, they are nothing short of coercive words adapted by people involved only to cast shadows of doubt and throw mud at the Judicial Institution which is highly condemnable and shall be dealt with iron hands.

8. Time has come to curb all such attempts who write such scathing letters to damage the reputation of this institution. Such trying and testing times only shows the true test of character and now is the time to take action on all those who diminish the image of this institution and put them at steak. Any attempts to scandalize this institution shall only end up to be nothing but an attempt to erode and rob off this institutions’ prestige which is a futile exercise. As more such attempts are made, it is wise on the part of all those concerned to remember that our Constitution is the bedrock of all that is and who we are and it would be wise on the part of ourselves to recollect ‘The Doctrine of Separation of Powers’.

9. Mr. Y.S.R Jagan Reddy should know and remind himself that Judiciary is its own independent body separate from executive and the legislative arms and shall neither try to play like a toddler in a sandbox nor play his political games with the temples of Justice. He may have his ways while running his government but he has no say as to how the Judiciary should function.

10. The letter of Mr. Jagan Reddy in the guise of politicizing Judiciary and portray a false image to the public tries to rob the public of their common sense and covertly attempt to cover up the real issue of his own credibility amongst his own people and in a last ditch attempt to save his shred of dignity immediately point the blame at the Judiciary.

11. It is time to remind the citizens of this nation that the Judiciary shares no bias and whatever the law prescribes to the Chief Minister of the State is also the law to the last person of the Sate. Whatsoever may be Judicial Functions are imperative of the Judiciary. Mr. Y.S.R. Jagan Reddy cannot try to publicize figments of his imagination meant only for movie projections and try to gain credibility through sympathetic tears emanating from Crocodile’s eyes.

12. Whatever maybe, the interest of nation is of paramount importance and the nation’s interest are served by the Judiciary since time immemorial. Therefore, the Hon’ble High Court has worked with its utmost commitment towards Citizens of the Nation. Any Manner in commenting the functions of the Judicial System is highly condemnable and the actor has no right to criticize or downgrade the Justice delivery system. It is not a drama or cinema dialogue to speak as the integrity of the country and any hate speech against the functioning of the judges and judicial system is a contempt described under Contempt of court act. The Citizens of this Nation are safeguarded only by the courts by upholding the rights guaranteed under the Constitution of India. The sweeping allegations without any material would certainly downgrade the fame of the esteemed institution and its stakeholders who uphold the fundamental rights guaranteed to each and every citizen.

13. The Letter is highly condemnable, downgrading the Judicial Function, what it has forgotten it has the duty to once again embed and remind that fairness justice and freedom are more than just perspectives and only the Judiciary can examine them in all perspectives. Defaming the Hon’ble Judges cannot be accepted in any manner whatsoever and that it should be dealt with accordingly. The Judiciary is by no means a place to be subjected to political rivalry and gain political mileage.

The image of the judiciary has been under constant questionnaire recently due to the vicissitudes of fate and unless stringent actions are taken to curb such acts, People will keep issuing such scathing letters with dubious intentions to malign this Institution.

Such derogatory, defamatory statements shall not be issued by anyone to damage the reputation of this institution and they shall be dealt accordingly with iron hands and initiate appropriate action against those who smear the reputation of this institution and to safeguard this institution so that such smearing statements shall not be permitted in the course of Judicial functioning.

Your’s Truly

[S.PRABAKARAN]
SENIOR ADVOCATE

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