"Serious Apprehensions Of Threatening Witnesses" : Supreme Court Asks Gali Janardhan Reddy To Remain Out Of Bellary District During Mining Scam Case Trial

The Supreme Court has refused to completely lift the bail condition imposed on former Karnataka Minister Gali Janardhan Reddy that he should not enter Bellary district while the trial in the multi-crore illegal mining case is going on.However, the Court has granted the mining baron a temporary relief by permitting him to visit and stay at Bellary district till November 6 on account of his daughter having delivered a child recently.The bench comprising of Justices M. R. Shah and Krishna Murari specifically directed Reddy to move out of the Bellary District in Karnataka and Districts of Ananthapuram and Cuddapah in Andhra Pradesh from 7th November till the trial is concluded.The bench was hearing a plea filed to modify a condition imposed by the Supreme Court in 2015 while granting him bail where the bench had stated that, "He shall not visit the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh." The plea was filed so as to allow Reddy to enter, stay and function in the district of Bellary in Karnataka and districts of Ananthapuram and Cuddapah in Andhra Pradesh.The bench had earlier modified the order allowing Reddy to visit the Districts after giving prior intimation to the Superintendent of Police of the concerned district of the date when he proposes to go to the district and the date of his departure from the said district.It was argued before the Court by Senior Advocate Meenakshi Arora, representing Reddy, that since the initial bail order of 2015 Reddy had visited Bellary on 8 or 9 occasions pursuant to the permission of the court and had never violated the conditions imposed. It was also pointed out by her that the trial had not proceeded further and for which Reddy was not at all responsible. The counsel had also submitted that his daughter had recently given birth and now she is in Bellary and prayed to allow Reddy to visit Bellary and stay for four weeks.Reddy's contentions were vehemently opposed by Additional Solicitor General Madhavi Divan, appearing for CBI, stating the apprehension that Reddy would influence the witnesses, if the conditions are modified, which would in turn affect the judicial process. It was also argued that the trial is not proceeding even after directions from the Supreme Court, was because of the conduct of Reddy by filing discharge applications one after the other. The ASG also pointed out that his daughter had given birth in Bengaluru and only after the court had heard the application she was shifted to Bellary.The bench noted that the condition was imposed in view of the apprehensions of Reddy influencing the trial."In the past, the apprehensions are proved to be true and even the judicial officers were influenced / tried to be influenced. There is a serious apprehension on the part of the CBI / investigating agency that if condition No.(c) is relaxed and/or modified and/or substituted, there would be threat to the witnesses because of the power and influence that the applicant is having.", the bench observed.The bench added, "In a case like this, it is always in the larger interest that the trial is concluded at the earliest. Early conclusion of the trial would enhance the faith of people in justice delivery system. The trial must come to its logical end at the earliest. Any attempt on the part of the accused to delay the trial of serious offences is to be dealt with iron hands."The bench had thus further passed a slew of directions, the court directed the trial court to conduct the trial on a day-to-day basis and conclude the trial within a period of six months. It was also directed that the witnesses from Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh may examine first and the Court directed all the accused to cooperate with the Court in bringing the trial to its end within the period stipulated and any attempt to delay would be viewed very seriously.Gali Janardhan Reddy had been arrested in illegal mining case by CBI for offences under Sections 120(B), 420, 379, 409, 468, 411, 427 and 447 of the Indian Penal Code, Section 2 of the Indian Forest Act, 1927, Rule 21 read with Rules 4(1), 4(1)(A) and 23 of the Mines and Minerals (Development and Regulation) Act 1957.Click here to read/download the order

"Serious Apprehensions Of Threatening Witnesses" : Supreme Court Asks Gali Janardhan Reddy To Remain Out Of Bellary District During Mining Scam Case Trial

Deepankar Malviya

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