38.6c New Delhi, India, Friday, May 24, 2024
Judiciary

Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court

By Gautami Chakravarty      17 December, 2020 05:41 PM      0 Comments
Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court

The Advocate General of Andhra Pradesh, Subrahmanyam Sriram, said on Monday that the State will move the Supreme Court against the October 1 order of the High Court seeking to examine whether there is a constitutional breakdown of machinery in the State. 

The AG had raised objection regarding the jurisdiction of the Court to deal with the question of constitutional breakdown and urged the bench to treat it as a preliminary issue. On October 1, 2020,the bench, also including Justice Uma Devi, had converted the hearing on a batch of habeas corpus petitions and petitions alleging police excesses as a hearing on the issue whether there is a constitutional breakdown in the State of Andhra Pradesh.

Andhra Pradesh High Court To Examine if There is Constitutional Breakdown in the State of AP:

It had directed the government counsel to make submissions on whether the court can record a finding that there is Constitutional breakdown in the light of the circumstances which are prevailing in the State of Andhra Pradesh. Responding to this, the State had filed an application for recall, while highlighting that in the absence of any pleadings in the writ petition, the court may not examine the issue regarding failure of constitutional breakdown in the state.The Court had summoned the DGP who gave assurance that instructions will be given to the Police personnel to follow all the guidelines laid down by the Supreme Court in DK Basu case and other amendments that followed the pronouncement. 

This court had asked that State counsel may come prepared on the point as too whether in the circumstances which are prevailing, court can record a finding whether there is Constitutional breakdown. 

At this juncture, Government Pleader, Senior Advocate SS Prasad pointed out that it was wrong to say that he dragged the matter for several days as on each of the hearing, the Court had recorded that proceedings were subject to hearing on the question of constitutional breakdown.

Govt. contests court's power to suo moto examine constitutional breakdown:

Govt. Pleader SS Prasad submitted that the Court lacks jurisdiction to consider the suo moto question regarding constitutional breakdown of the State machinery. 

He submitted that the term 'constitutional breakdown of State machinery' used in Article 356 is not defined and as per previous judgments, the same occurs when there is political turmoil, judicial anarchy or legislative failure in the State. Prasad also submitted that the present petition does not raise any question regarding breakdown of state machinery and the Court should refrain from expanding the scope of hearings. The Bench has decided to continue hearing of the matter on Wednesday, December 16.

Petitioner's Submissions on Merits:

The Petitioner in the case at hand is an ex-MLA of the Telugu Desam party. He had submitted that the State was curbing democratic form of dissent and not providing adequate security to the agitation programs that are being conducted by political parties. Reliance was placed on the Supreme Court's verdict in Mazdoor Kisan Shakti Sanghatan v. She submitted that the police are registering cases under the SC/ST Atrocities Act, against the persons belonging to those communities itself.

It may be noted that the State Government had challenged the locus standi of the Petitioner, a political figure, to maintain a PIL. Disputing this, the Petitioner submitted that merely because he has contested from a particular party does not make him a party not interested in the welfare of the public. Reliance was placed on Chairman, Railway Board & Ors v. At this juncture, the State counsel submitted that as per settled law, PIL can be filed by persons who are suffering from poverty, scarcity of funds, or who are precluded them from approaching the Court due to other disability.

Once the Petitioner submits that he is from a political party, it can't be a PIL. Reliance was placed on State Of Uttaranchal v.

Admissibility of Additional Affidavit filed by Petitioner:

The State had submitted that a 700-pages long additional affidavit filed by the Petitioner was prompted by what the Court observed in its order dated October 1, 2020. In case the court decides to rely on the affidavit, he submitted, the Petitioner should explain the context and relevancy of the contents and judgments relied therein with respect to reliefs sought in writ petition and the State should be allowed to file its reply thereon. Justice Rakesh Kumar was transferred from Patna High Court to Andhra Pradesh High Court last year. Shortly before his transfer to AP High Court, Justice Rakesh Kumar had created a furore in the Patna High Court by passing a direction for CBI investigation into alleged corruption in the subordinate judiciary.

In that order, Justice Rakesh Kumar had made startling observations such as corruption in this High Court is an open secret and that judges were more interested in enjoying privileges than administering justice. Soon after that order, a 11-judge bench assembled to suspend it after observing that Justice Kumar's observations as judicial and administrative overreach.



Share this article:



Leave a feedback about this
Related Posts
View All

Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court

order, a 11-judge bench assembled to suspend it after observing that Justice Kumar's observations as judicial and administrative overreach. Andhra Pradesh High Court, Justice Rakesh Kumar, AG Subrahmanyam Sriram

Andhra Pradesh High Court permits Anandaiah’s Ayurvedic concoction for COVID patients Andhra Pradesh High Court permits Anandaiah’s Ayurvedic concoction for COVID patients

The Court directed Anandaiah and the district administration to discuss ways to manage COVID and to ensure a smooth flow of the medicines. Andhra Pradesh High Court, Andhra Pradesh High Court judgement, Andhra Pradesh High Court order

Andhra Pradesh High Court seeks Centre’s response on insufficient allocation of resources for treatment of Mucormycosis Andhra Pradesh High Court seeks Centre’s response on insufficient allocation of resources for treatment of Mucormycosis

to be fully equipped with the required man-power to handle the situation. In view of this, the Court directed the State to file a memo with regard to steps taken by it with regard to recruitment of paramedical staff. Andhra Pradesh High Court, Andhra Pradesh High Court order, Andhra Pradesh High Court judgement

Andhra Pradesh High Court seeks Centre and State Government’s response on PIL seeking Optical Fibre Network, IT Infrastructure for District Courts Andhra Pradesh High Court seeks Centre and State Government’s response on PIL seeking Optical Fibre Network, IT Infrastructure for District Courts

The Himachal Pradesh High Court had recently observed that, “the need of the hour is to provide adequate bandwidth, network-attached storage and routers etc. to facilitate the conducting of educational courses, conferences, court proceedings etc. on virtual platform.” Andhra Pradesh High Court order, Andhra Pradesh High Court judgement, Fibre Network in India, IT Infrastructure components

TRENDING NEWS

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM

TOP STORIES

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
abuse-under-sc-st-act-has-to-be-in-public-view-to-make-out-offence-sc
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email