Written by- Vishad Srivastava
Justice C.V. Nagararjuna Reddy of Hyderabad High Court is the man who shot the limelight as because his impeachment proceeding was once again started in the Rajya Sabha which later on canceled as 54 signatories who have started his impeachment process out of which 9 have withdraw their names in the signed petition.
Starting from his first attempt of initiation of impeachment proceedings
Justice C.V. Nagarjun Reddy is the Judge of Andhra Pradesh and Telangana High Court . First petition of impeachment proceedings was started on 6 December 2016 in which 61 members of Rajya Sabha had signed the petition on the basis of following allegations:
- First allegation was of Mr. Rama Krishna, former Principal Junior Civil Judge, Rayachoti, Kadappa District who is under suspension. Mr. Krishna alleged that he was forced by Justice Reddy to remove the name of Mr. Pawan Kumar Reddy who is the brother of justice Reddy from a dying declaration recorded by Mr. Krishna when he was Magistrate. Mr. Pawan is Additional Public Prosecutor at Rayachoti Court. The dying declaration had incriminated Pawan Reddy that he had doused him with fire for not signing on blank paper.
- Another allegation was that Justice Reddy had abused and threatened Mr. Krishna of not removing his brother name from dying declaration
- Third allegation, Magistrate was summoned to Justice Reddy house and there he was beaten up.
- Series of unexplained transfers and finally suspension shows sign of results complaining against Justice Reddy.
- Appointment of Pawan Reddy as Additional Public Prosecutor is contravention of section 24 Criminal Procedure Code.
- Disproportionate income of Justice Reddy. Petition alleges that Justice had misused his position for several movable and immovable properties which is disproportionate to his income source.
- Justice had not declared his assets and liabilities of which is violation of Code of Conduct of Judges.
- I.R against Justice Reddy by his ‘Dalit’ tenant who accused him for their misbehavior against them.
To sum up main reason was Dalit atrocity where Dalit Magistrate is victimized and Justice Reddy had used his position for protection of his brother Pawan Reddy.
After the signature of 61 M.P’s within 10 days 19 M.P.’s withdrew their move and that’s why the motion failed.
Fresh motion impeachment again started on 24 May on 2017 in which 54 members signed the petition but on 16 June 2017 9 members again withdrew their names. This time the motion was forwarded to CJI Justice Kehar by Vice President Hamid Ansari.
WHAT IS CONSTITUIONAL PROCESS FOR IMPEACHMENT?
Constitutional process for impeachment is a 3 step process which is as follows:
- As per Article 124(4) of Constitution says that minimum 50 members or double the number from Lok Sabha are required for signatories as initiation for impeachment proceedings.
- In this step Vice President will constitute a three member committee under 1968 Judiciary Act which consist of Supreme Court Judge, Chief Justice of High Court and eminent jurist it will be under consulation of CJI and will work as a trial court.
- Then Committee decision will put forward in both the houses and which is to be passed by two third majority in both the houses and then it will be pass to the President.
Justice Reddy is the Fifth judge to face impeachment first was Justice V. Ramaswami of Supreme Court faced in 1993.
“Mountains are beautiful from far” this proverb is fitting to present scenario as this is second attack on our independent judiciary which will have to be seriously checked first on is recent example Justice Karnan if this type of allegation is continued and there should be the check on the M.P’s who withdraw their names. There is serious probe required into this type of matters otherwise our judiciary will not be independent anymore.