New Delhi: The Supreme Court on Thursday took exception to Telangana Chief Minister A Revanth Reddy’s comment “casting aspersions” on its order granting bail to Bharat Rashtra Samithi (BRS) leader K Kavitha.
A division bench of Justice BR Gavai, Justice Prashant Kumar Mishra and Justice KV Viswanathan said that it was the fundamental duty of the executive to stay at arm’s length from the judiciary.
“You can criticise but not cast aspersions,” Justice Viswanathan said
The bench’s comment came after Reddy’s statement that Kavitha got bail from the Supreme Court because of a tacit understanding between the BRS and the Bharatiya Janata Party (BJP).
The Supreme Court had on August 27, granted bail to BRS leader K Kavitha in the Delhi excise policy case.
That bail order was passed by a bench comprising Justice Viswanathan and Justice Gavai.
Reddy commented yesterday that BRS had worked for the victory of the BJP in the 2024 Lok Sabha elections and Kavitha got bail because of the deal between the two parties,
Justice Viswanathan asked Reddy’s counsel whether it was a responsible statement from a person holding the post of Chief Minister.
Justice Gavai said while the Supreme Court is not bothered about criticism of its judgments, Reddy should not have made such statements casting aspersions on the judges.
“Do we have to pass our orders after consultation with a political party? We are not bothered if somebody criticises our judgments. We will perform our duties whether they like it or not,” Justice Gavai said.
The Court’s comments came while hearing a transfer plea filed about a case against Reddy before a three-judge bench which incidentally comprised Justice Gavai and Justice Viswanathan.
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“If somebody has the audacity of commenting on an order of the Supreme Court! … if you do not have respect for the Supreme Court – the highest court in the country, Let the trial be elsewhere then.”Justice Gavai said.
The bench was hearing a plea filed by four BRS lawmakers to transfer the trial against Reddy in the 2015 cash-for-votes scam to a court outside Telangana. The four lawmakers belonging to the Bharat Rashtra Samithi (BRS) are MLAs Guntakandla Jagadish Reddy and Kalvakuntla Sanjay and Members of the Legislative Council (MLC) Satyavathi Rathod and Mohd. Mahmood Ali.
The apex court had in February issued a notice in the matter.
As per the petition, it was prayed that a fair trial was not possible against Reddy within Telangana as he is presently the state’s Chief Minister.
Earlier Justice Gavai said it would not be right to entertain such matters.
“If we entertain such petitions, we will be disbelieving our judicial officers. Close to the elections you press such petitions. We will say we do not agree with the apprehensions and averments,” Justice Gavai had said.
The court suggested that it could appoint a special public prosecutor (SPP) for the trial in question and dispose of the matter.
The bench today changed its stand after discussing the tenor of Reddy’s remarks.
“We are not foreclosing the issue of transfer now. This sort of conduct… We always say we will not interfere in the sphere of the legislature but that applies to them also,” Justice Gavai said.
Senior advocate Mukul Rohatgi appearing for Reddy said he would try and ‘make amends’.
The counsel for the petitioners said the damage had been done in a free-for-all manner and that such remarks could percolate to lower courts to pressurise judges.
The matter will now be taken up on September 2.
