NEW DELHI: Legal professional Normal Ok Ok Venugopal has refused to rethink his November 2 choice declining consent to BJP chief and lawyer Ashwini Upadhyay to provoke contempt proceedings towards the Andhra Pradesh chief minister and his principal advisor for making allegations towards judges.
The topmost regulation officer, in his reply to Upadhyay’s letter looking for reconsideration of the choice, reiterated his stand saying that the problem of contempt was between Chief Justice of India (CJI) S A Bobde and Chief Minister Y S Jaganmohan Reddy and his principal advisor Ajeya Kallam.
Venugopal on Saturday additionally stated within the response that the lawyer was not precluded from elevating this situation on his personal earlier than apex courtroom judges or through the listening to of a PIL filed by him solely looking for the lifetime ban on convicted lawmakers.
Upadhyay, on November 5, had urged Venugopal to have a relook on the choice and stated, “I humbly request you to peruse these factors (significantly the truth that the query of contempt is just not pending wherever else) and kindly rethink the granting of consent to my request.
“This is a matter of nice significance at a time when our judiciary continues to be besieged by assaults, and a robust stand must be taken by these of us who’re part of the establishment,” he stated.
Within the November 7 reply, Venugopal referred to his earlier response and stated, “The very crux of the alleged contempt lies within the contents of the letter written by Y S Jaganmohan Reddy to the Chief Justice of India, and thus open to the the Supreme Court docket to take up the matter of contempt suo motu as supplied by the Contempt of Courts Act, and the principles made thereunder.”
“On condition that the CJI is seized of the matter, it might not be applicable for me to grant consent and preclude the dedication of the Chief Justice of India on the matter.
As you might be little question conscious, contempt is a matter between courtroom and contemnor, and no individual as of proper can insist upon the initiation of contempt proceedings,” he stated.
Venugopal stated his choice doesn’t precluded Upadhyay from bringing these info to the discover of the judges of the Supreme Court docket with a prayer for initiation of suo motu motion.
“Chances are you’ll train this proper by means of data positioned on the executive aspect or by bringing it to the eye of the courtroom through the listening to of the place you might be already a petitioner in individual ,” Venugopal stated in his letter.
Taking the consent of the regulation officer is a situation precedent for initiating legal contempt towards an individual.
In an unprecedented transfer, the chief minister, on October 6, had written to the CJI alleging that the Andhra Pradesh Excessive Court docket was getting used to “destabilise and topple my democratically elected authorities”.
Upadhyay then sought consent of the Legal professional Normal for initiating the contempt towards the CM and his advisor.
Venugopal, on November 2, termed as “prima facie contumacious” the conduct of Reddy and Kallam for making allegations towards the judiciary, however had declined consent to Upadhyay to provoke contempt towards them on the grounds that CJI Bobde was seized of the matter.
The plea for relook has additionally been declined.