Benami deals in Amaravati: Cannot hold inquiry on transcript of dialog, says Supreme Court

The Supreme Court on February 22 mentioned it can not hold an inquiry as to what was there in the telephone dialog between former Andhra Pradesh High Court choose Justice V. Eswaraiah and a suspended trial courtroom Justice of the Peace with regard to numerous points together with alleged ‘benami’ transactions associated to the Amaravati land rip-off case.

A Bench of Justices Ashok Bhushan and R.S. Reddy additionally reserved its order on the plea of Justice Eswaraiah looking for a keep on the Andhra Pradesh High Court order directing a probe into his dialog with suspended District Munsif Magistrate.

The High Court had mentioned that their telephone dialog had allegedly disclosed a “serious conspiracy” in opposition to the judiciary.

“This court cannot hold an inquiry as to what is there in the transcript of the conversation and what is missed out. Let the HC take a call,” the Bench mentioned in the proceedings held by way of videoconferencing.

Advocate Prashant Bhushan, showing or former HC choose, mentioned that the High Court order wanted to be stayed as allegations have been made with out listening to the previous choose. Justice Eswaraiah had moved the Supreme Court in opposition to a High Court order directing a probe into the telephone dialog between him and a suspended trial courtroom Justice of the Peace on the bottom that it allegedly disclosed a “serious conspiracy” in opposition to the judiciary.

In an affidavit filed in the highest courtroom, Justice (retd.) Eswaraiah mentioned he had sought info from a suspended judicial officer concerning the benami transactions in a telephone dialog, which purportedly pertained to corruption allegations associated to land deals in the State’s new capital area.

The affidavit was filed in pursuance to the apex courtroom’s January 11 route asking Justice (retd.) Eswaraiah to make clear his stand with regard to his dialog with the suspended District Munsif.

“The special leave petition has been filed against the August 13 order of the Andhra Pradesh High Court ordering an investigation into a private phone conversation between the petitioner and a suspended District Munsif Magistrate of Andhra Pradesh, by terming the contents of the conversation to disclose a ‘serious conspiracy’ against the Chief Justice of the Andhra Pradesh, a senior sitting judge of the Supreme Court and thereby to destabilise the judiciary,” mentioned the attraction filed by way of lawyer Prashant Bhushan.

The former choose mentioned the High Court’s order was made on the premise of an software for “reopening and intervention filed by the suspended District Munsif Magistrate [S. Ramakrishna] in an unrelated PIL” pending there for looking for implementation of the COVID-19 tips in the courtroom constructing and premises.

The order for the enquiry into the dialog was made by the High Court on the premise of the intervention and with out even issuing discover to the previous choose, the attraction mentioned. The plea sought a keep of the High Court’s order for the enquiry on the bottom that it was “unwarranted and illegal” and has been handed with no discover to Justice Eswaraiah and has prompted “undue harassment” to him.

The High Court, in its order, had requested former Supreme Court choose Justice R.V. Raveendran to inquire into the matter.

The plea mentioned the previous HC choose, in the telephone dialog, had merely talked about his data about allegations of misconduct and terming such a dialog to be a form of conspiracy.

The plea alleged that the transcript of the dialog, supplied by Mr. Ramakrishna, was inaccurate and therefore, deceptive with respect to numerous points of the discuss.