Supreme Court Expunges Remarks In AP HC Judgment Against SC Collegium's Transfer Proposals, State Govt

The Supreme Court on Friday (February 9) expunged the controversial observations made in a judgment passed by the Andhra Pradesh High Court in 2020 against the Supreme Court collegium's transfer proposals.

“The observations made in the impugned order stands obliterated”, the bench comprising Justices Bela M Trivedi and Pankaj Mithal observed while disposing of a Special Leave Petition filed by the State of Andhra Pradesh against the judgment.

The controversial judgment was passed by Justice Rakesh Kumar, on his last working day, while dismissing a recusal application filed by the State Government. The judgment also contained certain remarks against Chief Minister Jagan Mohan Reddy and the State Government.

Today, when the matter was called, Senior Advocate Abhishek Manu Singhvi, representing the Andhra Pradesh Government, submitted that the remarks made by the Judge may be deleted or expunged.

“Observations made in the impugned order may be expunged or deleted. It is not warranted to be made by the court to be made in the impugned order,” Singhvi stated.

“Neither it was warranted by the state government to file such type of application,” Justice Trivedi replied.  

“If such type of observations/remarks are being allowed to operate then, it would create the trouble in functioning of the state governments”, Singhvi added.

Agreeing with the submissions made by Singhvi, and after, perusing the remarks made by the Judge in the impugned order, the Court said that it was inclined to obliterate the remarks made in the impugned. This means, that the remarks are rendered ineffective and are reduced to nothingness.

“This observation(HCs observation) may not be cited anywhere and for any other purpose”, Justice Trivedi orally remarked

Ultimately, the court disposed of the state government petition.

“In view of the above, without expressing any opinion on the merits of the allegations and the cross allegations…the Application of the state seeking recusal of the judge is unwarranted as was so the observations made by the judge in the impugned order, we dispose of the present petitions.”

Justice Rakesh Kumar, after his retirement as an HC judge, was appointed as a judicial member of the National Company Law Appellate Tribunal. In October, Justice Kumar resigned as an NCLAT member, after the Supreme Court issued a contempt notice to him for passing an order defying the SC's interim order.

Case Details:

THE STATE OF ANDHRA PRADESH vs. THOTA SURESH BABU

Diary No.- 162 - 2021

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