"No Reason To Change My Mind": AG Refuses To Reconsider Decision Declining Consent For Contempt Against Andhra CM For Allegations Against Justice Ramana

The AG has reiterated that the CJI is seized of the matter and it would not be appropriate for him to grant consent and preclude the determination of the CJI on the matter. He said,

"As you are no doubt aware, contempt is a matter between Court and contemnor, and no person as of right can insist upon the initiation of contempt proceedings. For these reasons, I cannot accede to your request for reconsideration."

The application for consent to initiate criminal contempt filed by BJP leader and lawyer Ashwini Upadhyay was declined by the AG on Monday. The AG had opined that the conduct of the Andhra CM and his advisor was "prima facie contumacious" but as the Chief Justice of India is "seized of the matter" it would not be appropriate for him to deal with the same.

Subsequently, Upadhyay had sought reconsideration of his decision, stating that the CJI is seized of a complaint BY Sh. Jagan Mohan Reddy against the judiciary, NOT a complaint of contempt AGAINST him and his Advisor.

Responding to this, the AG has said,

"The very crux of the alleged contempt lies in the contents of the letter written by Sh. Y.S. Jaganmohan Reddy to the Chief Justice of India, and thus it is open to the Supreme Court to take up the matter of contempt suo motu as provided by the Contempt of Courts Act, and the rules made thereunder."

Upadhyay had also claimed that the letter sent to the Chief Justice was a "private missive" and it was left to the CJI alone to determine whether it constituted contempt. However, once the Principal Advisor to the Andhra CM called a press conference, read out a separate statement and released the letter to the media and public, it ceased to be a private matter.

He further claimed that there was an additional actor and an additional statement made during the press conference and now the public have been given the impression that Judges of the Supreme Court and High Courts are involved in influencing cases. These subsequent facts are not a part of the complaint pending with the Chief Justice.

To this the AG said,

"The allegedly contumacious statements were contained in a letter written directly to the Chief Justice of India. It is no doubt true that the said letter was released subsequently to the press, as I myself had pointed out in my letter to you. I have myself watched the video of the press conference and I find that nothing extra was said other than what was already there in the letter which was addressed to the Chief Justice. The letter released to the press and enclosed in your original request for consent was therefore the subject matter of the contempt. Nowhere, is the letter, copy of which has been enclosed by you, marked confidential. In other words, the letter cannot be described as a private missive. It was widely being reported by the press. Hence there is no reason for me to change my mind."

The AG further clarified that his refusal to give consent for initiation of contempt does not preclude Upadhyay from bringing these facts to the notice of the Judges of the Supreme Court with a prayer for initiation of suo motu action.

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