Advocate-general S Sriram on Wednesday contended the process adopted by the AP high court in taking suo moto cognizance into either withdrawal of cases or filing of closure report by police in which chief minister Y S Jagan Mohan Reddy was one of the accused. The high court took cognizance of 11 such cases registered at Anantapur and Guntur districts in 2016.
It was observed in the suo moto criminal revision petitions that the closure of criminal proceedings into the alleged crimes was done without applying judicial mind and in contravention of criminal procedure code. It was also observed that the closure reports into the alleged crimes were filed within a short span of time after the Supreme Court directions into the cases against law makers.
It was further noted that closure of cases in a hurried manner on same date and without receiving affidavit and without recording reasons while accepting the final report. The AG read out an order passed by Justice Rakesh Kumar, in December last, wherein he referred to all the cases that were withdrawn against the Chief Minister.
“Justice Rakesh Kumar stated that he believed the police were acting as per the dictates of the state and not upholding the rule of law.Since the Supreme Court has stayed the operation of the judgment of the High Court, relying on the same material on the administrative side in these matters would be in the teeth of the Supreme Court order,” Subramaniam observed.
Sriram argued that the basis for the criminal revision petition was a report by an administrative committee of the high court. He said that the decision to take suo moto cognizance of the revision of subordinate courts is with the judicial side of the high court but not the administrative side.
The High Court had received complaints about police in various districts withdrawing the complaints. The court’s Judicial Registrar informed the Reddy government about the suo motu cases, and the matter was listed before a single-judge Bench of Justice K Lalitha Wednesday.