GO No 1: AP HC CJ Raps Vacation Bench, Asks What Was The Urgency To Move Lunch Motion

The Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra who was hearing the matter related to GO No 1, rapped the Vacation Bench and the petitioners questioning them as to what was the urgency in filing a lunch motion over this case.

The Chief Justice heading the Division Bench which was hearing the matter on Monday (January 23), after the case was remitted back to the High Court by the Supreme Court, took a stern note over the turn of events, stated that the Vacation Bench behaved akin to a ‘ Defacto Chief Justice’.In his observations, the CJ said that the vacation bench had acted beyond its limitations and had belittled the position of the CJ by taking up this case, he said. If every vacation court in the HC takes up any matter saying it's important then what would happen to the institution? Adding further, he said that every vacation judge can become a CJ if this kind of practice is allowed to go on.

“ Going into the roots of the very proprietary of this case it didn’t seem to be of such an urgent nature and this is not a matter to be brushed aside. I knew everything that was happening and how things happened that day. Don’t think I was unaware and my entire registry was in touch with me as to what was happening, “ the CJ said.

On a caustic note, he asked whether the petitioner had staged any dharna or protest that they had to file a lunch motion in the Winter court, he asked.  What was the urgency if the order has not endured to the benefit of the petitioner, he questioned.

The Supreme Court on Friday remitted back to the Andhra Pradesh High Court an appeal of the state government against a recent directive of the high court, suspending the operation of an executive order that prohibited public meetings and rallies on roads, including national highways.

A bench of Chief Justice DY Chandrachud and Justice PS Narasimha took note of the submissions made by senior advocate C S Vaidyanathan, appearing on behalf of the AP government, and requested the chief justice of the high court to ensure the hearing of the plea by a division bench headed by him. Vaidyanathan referred to the sequence of events in the high court .  "This is an egregious violation by the vacation bench (of the high court). How can the vacation bench say so," the senior lawyer said, adding that according to the procedure, no matter pertaining to the policy decisions of a state government can be taken up and decided by a vacation bench of a high court. Vaidyanathan said the plea on the state government's decision was mentioned during the winter vacation and the order was stayed by the high court on the same day.

The AP government in Andhra Pradesh issued the GO No 1 on January 2, in the wake of the two stampedes in the rallies organised by the opposition Telugu Desam Party at Kandukuru and Nellore last year where more than eleven people including women died in the rally.

The AP High Court Bench will hear the matter after the lunch break.