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2013 (2) TMI 130 - SC - Indian LawsChallenging appointment of judge of the High Court of Andhra Pradesh - pendency of the criminal case against him - writ of mandamus commanding the Bar Council of Andhra Pradesh to cancel his enrolment as an advocate - two petitioners are advocates of the High Court of Andhra Pradesh - Held that:- A perusal of the court record shows that during the entire period, service of summonses in the ordinary course were not effected on the four accused persons. Although a proclamation under Section 82 and 83 of the Code of Criminal Procedure was ordered to be issued, the record does not show any publication having been made. However, the record does show that service was sought to be effected by beat of drum only on accused 3. There is nothing on the record to show that any attempt, let alone any serious attempt, was made to serve the summons or the non-bailable warrants on any of the accused persons. The purpose in adverting to the proceedings of the criminal case in detail is not to point out the irregularities in the proceeding. Anyone even with a passing acquaintance with the Code of Criminal Procedure can see that gross irregularities were committed practically at every step in the proceeding. Referring to the proceedings to judge whether respondent No. 3 could be said to have any knowledge of the case in which he was cited as accused 4. From the record of the case as discussed it very difficult to hold that respondent No. 3 was even aware that in some record buried in the courts at Mangalagiri he was named as an accused and he was required to appear in the court in connection with that case. Apart from the record of the case, there are external circumstances that strengthen this view. From the resume of respondent No. 3, it may be seen that before his appointment as a judge of the High Court, he was the Additional Advocate General of Andhra Pradesh. If the case would have been within his knowledge it is unimaginable that he would not have attended to it and got it concluded one way or the other. Here it may also be noted that before filing this writ petition before this Court the petitioners had made a representation, both before the Chief Justice of India and the Law Minister, asking for the removal of respondent No. 3 as a judge of the Andhra Pradesh High Court on the same allegations. The representation that came to the office of the Chief Justice of India received full consideration and the Chief Justice of India called for a report on the matter from the Chief Justice of the Andhra Pradesh High Court & made a detailed enquiry and submitted his report stated that it does appear that Justice XXX was unaware of the pendency of the criminal case against him and he deserves to be believed when he says so. Thus no hesitation in holding that at the time respondent No.3 was being considered for appointment as a judge of the High Court, he was unaware of any case being pending in which he was named as an accused and it is quite wrong to refer to him as “an absconder and a proclaimed offender” in the case. This finding leads to another and that is, it is not a case of suppression of any material fact by respondent No.3 or at his behest. No case is made out for issuing a writ of quo warranto quashing the appointment of respondent No. 3 as the judge of Andhra Pradesh High Court. The writ petition owes its origin to a news report published in a Telugu daily newspaper called ‘Sakshi’ on December 27, 2011 based on incorrect facts and is full of statements and innuendos that might easily constitute the offence of defamation leave alone contempt of court. After the news broke out, the petitioners seem to have collected the record of the criminal case and filed this writ petition on that basis it, therefore, appears to that this writ petition is not a sincere and honest endeavour to correct something which the petitioners truly perceive to be wrong but the real intent of this petition is to malign respondent No.3.
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