Saurav Das Profile picture
Feb 14 18 tweets 5 min read
#ImpStory 🚨

A case of 'Bench Hunting' coming from the Supreme Court of India. A politically sensitive matter was removed from a particular judge and suddenly listed before another judge, whose law clerk has links to the politician in question.

1/
Bharathi Cement Corporation Private Ltd — in which Andhra Pradesh Chief Minister YS Jagan Mohan Reddy’s family holds 49% stake, and his wife, Y S Bharathi Reddy, is a Director — is facing an Enforcement Directorate case since 2016.

2/
ED launched d investigation on the basis of a chargesheet filed by CBI accusing Jagan, son of then Andhra Pradesh CM YS Rajasekhar Reddy, of entering into a criminal conspiracy with others to get a mining lease allotted to Bharathi Cement Corp of which his wife was a part.

3/
This company has been getting major government orders despite allegations of quid pro quo.

4/
indianexpress.com/article/india/…
"Jagan received bribes from various people and companies in the guise of investments in his group companies as a quid pro quo for undue favours granted to them by the Andhra Pradesh government", the ED said in a statement in 2016.

deccanchronicle.com/nation/current…
Important part is this.

ED had said that Bharathi Cement Corp had received the 'proceeds of crime' in the form of limestone mined from the mines allotted illegally to them in Kadapa district by the then AP govt. The value of limestone works out to be more than Rs 152 crore.

6/
ED freezed this 152-crore asset. On 26 July, 2019, PMLA Appellate Tribunal ordered the whole amount to be released to Bharathi Cement Corp and a bank guarantee to be instead deposited with ED.

7/
This was challenged before the Telangana High Court. The High Court upheld the order and dismissed ED's petition on 27 April, 2022.

ED has now appealed before the Supreme Court.

This is where it gets murky.

8/
The politically sensitive matter was listed before a 2-judge bench headed by Justice Krishna Murari and having Justice V Ramasubramanian, on 30 January this year.

An adjournment was sought and it was granted and specifically directed to be listed on 06 February.

9/
As per this cause list dated 06 Feb, the Bench composition changed and except for any *part-heard matters*, the cases previously listed before Justice Murari and Justice Ramasubramanian, would now be heard by Murari and Justice Amanullah.

Notice which case has been "deleted".
The case deleted is the ED appeal against Jagan Reddy. The reason stated is "deleted and listed in court no. 15".

Court no. 15 is of Justice Ramasubramanian. The shocking part is there was no proper reason given by the SC Registry for deleting and changing the bench itself.

11/
Why was the matter deleted and relisted before Justice R, especially when the matter was not heard at all and directly adjourned, forget "part heard"?

Why did the Registry suddenly change the judge?

Something does not meet the eye here.

12/
The incident raises questions especially given that AP CM Jagan Reddy's Rajya Sabha MP- Sirgapoor Niranjan Reddy's son is a law clerk to Justice Ramasubramanian. Some lawyers question how and why this sudden change in judge and case going before Justice R.

13/
It is not the first time that cases have been suddenly deleted and listed before another bench. It is no secret that hands are greased and deals are struck, as is evident by this news report.

14/
barandbench.com/news/supreme-c…
Questions that come to mind- why was a politically sensitive matter suddenly deleted and listed before another judge who was an ex-judge of the State's High Court?
A law clerk whose father is an active party member of the man whose company is under probe for money laundering?

15
The many failings of a non-transparent, unaccountable system i.e. the Supreme Court administration.

There's more that cannot be written.

{The End}
Also, watch how Justice Victoria Gowri on the day of her oath taking, thanks Justice Ramasubramanian. He was a consultee judge and had recommended her name for appointment as a judge.

{End}
For more info on the judge, @sharmanagendar has done a thread. Read.

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More from @OfficialSauravD

Jan 30
#StoryAlert 🚨

Meet Victoria Gowri, an advocate who was recommended to be a Judge at d Madras HC by the SC collegium led by CJI Chandrachud.

I found evidence of her bias & extreme views against India's #Muslims & #Christians

A thread on her utterances🧵
article-14.com/post/-problem-…
Gowri's first known association with BJP started in 2010, as Kerala Mahila Morcha state in-charge. When Modi's govt came to power in 2014, she was appt a senior central govt counsel at Madras HC in 2015.

In 2017, a cabinet committee headed by Modi also appointed her as... 2/
...an independent director at Kamarajar Port Ltd in Chennai.

In 2020, Modi's govt appointed Gowri as the Assistant Solicitor General of India at Madras HC's Madurai Bench.

Pic: Gowri tying Rakhi to Modi on the occasion of Raksha Bandhan. 3/
Read 20 tweets
Dec 31, 2022
As we bid goodbye to 2022, let’s review few of the Modi government’s promises and claims.

How it started Vs. How it’s actually going. A thread.
Economy will double to $5 Trillion by 2022.

How it started Vs. How it’s actually going………… 5, 10, 25, 40
Every Indian will have a house by 2022.

How it started Vs. How it’s actually going
Read 8 tweets
Dec 28, 2022
How the Supreme Court of India Allowed Centre & RBI to Withhold Crucial Docs Related to Demonetisation — A Thread 🧵

The Centre and RBI withheld crucial information from the Supreme Court of India during the demonetisation hearing. /1
At least 6 crucial objections raised by RBI, 2.5 hrs before the Nov 8 announcement by Modi were never mentioned during the hearing. All of these objections discredited the noteban decision. Today’s IE report by @ieuditmisra reveals them.

But what did the Supreme Court do?
There were at least 4 occasions when Sr. Adv P Chidambaram raised this issue of withholding crucial documents before the 5 Judge constitutional bench headed by Justice Abdul Nazeer.

The 4 documents in question were-

1. November 7 letter from the Union Government to the RBI.
Read 15 tweets
Nov 24, 2022
Today, I write in The Hindu's editorial. A thread🧵

India is Losing Its Cherished Right To Know
The most vital mandate of the Central Information Commission, the apex body under India’s transparency regime, is to decide whether certain information sought by a citizen ought to be disclosed or not. Its primary duty is to decide the disclosure or the non-disclosure of info.
But the Central Information Commission has seemingly relinquished this primary duty in cases of larger public importance.

The CIC was a functioning institution until four years ago. From boldly pronouncing that political parties were under the RTI Act’s ambit, and hence... 3/
Read 16 tweets
Nov 23, 2022
Even though the Supreme Court’s constitution bench was hearing a case seeking a fair system for appointment of independent election commissioners, and given there was one vacancy at Election Commission for which a stay was sought, the govt went ahead & appointed its babu.

1/4 Image
Now d Supreme Court has asked the govt to show the file relating to Arun Goel’s appointment as EC.

@pbhushan1 appearing for the petitioner sought a stay on Thursday. Friday, the govt gave voluntary retirement to Goel. Saturday warrant of appt was issued.
The bench raised this.
The Attorney General was adamant on not revealing the file.

“If there is no hanky-panky, show it”, Justice Joseph said.

But what is sad is the manner in which the Court was rather *requesting* the govt to show the file instead of ordering and asserting its order, in writing.
Read 4 tweets
Nov 20, 2022
A fresh hell is being unleashed on India’s cherished Right to Information Act. The new draft of Digital Personal Data Protection Bill seeks to completely do away with any disclosure of personal information in public interest.

Stay with me. 1/6

livelaw.in/news-updates/d…
Currently, the law puts public interest above personal interest. This means that personal information where disclosure would serve larger public interest could be disclosed by a govt body.

If the Bill is passed, there would be no opportunity to do this.
Not that govt bodies are diligently keeping public interest in mind while deciding whether to reveal personal info or not, but they still have an option.

Now the present govt wants to completely do away with the option, which will SIGNIFICANTLY weaken the sunshine law.
Read 6 tweets

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