VIJAYAWADA: The High Court Bench of Justice Rakesh Kumar and Justice Uma Devi on Thursday said it will hear the habeas corpus petitions and the additional affidavits filed by the State government seeking Justice Rakesh Kumar’s recusal from hearing in a case on Friday.
When the hearing on the habeas corpus petitions resumed on Thursday, arguing on behalf of the government, senior counsel C V Mohan Reddy said the court should first hear the affidavit filed by the government requesting recusal of Justice Rakesh Kumar from the case.
The counsel said it is not advisable for the court to hear the case after coming to a decision on constitutional breakdown in the State. Mohan Reddy said their arguments will convince him (Justice Rakesh Kumar) to recuse himself.
Another senior counsel representing the government, Niranjan Reddy, said the affidavit filed by the government is serious in nature and cannot be kept aside without hearing. He further said they are urging the Judge to rescue himself and their arguments will also be on the same line.
Justice Rakesh Kumar, however, refused the plea and said the court will continue to examine if there is constitutional breakdown in the State. Justice Rakesh Kumar asked the counsels to continue their arguments on the issue or else he will conclude the hearing.
When Justice Rakesh Kumar said he does not have the copies of the order dismissing the recall petition filed by the government with him, Mohan Reddy sought the court to get the copies and hear their arguments in the afternoon.
Justice Rakesh Kumar said he would ask the Registry to get the affidavit and asked the counsels to continue their arguments. Niranjan Reddy said it would amount to wasting the time of the court if they continue the arguments without considering their affidavit seeking the senior Judge’s recusal. Justice Rakesh Kumar immediately summoned Registrar (Judicial) Giridhar and enquired about the order copies and asked the latter to hand over the copies to the government. Later, Justice Rakesh Kumar posted the matter for further hearing to Friday.