VIJAYAWADA: T Koteswara Rao, a practising advocate in the Telangana High Court and CAT Hyderabad, in a letter to the Chief Justice of India has requested for laying down of some restraints and checks for the judiciary in its adjudication process.
The advocate wrote the letter to the CJI expressing concern over the comments made by the High Court of Andhra Pradesh against the Director General of Police in some cases. His letter is yet to be listed for hearing. “I hope as soon as the caseload on the apex court is lessened, it gets listed as a Public Interest Litigation,” Rao told TNIE.
Citing news reports published in both the electronic and print media, the advocate said that a family in Andhra Pradesh had approached the High Court, by filing Habeas Corpus petition, for the release of one of their family members, who was arrested by the police. “The court, according to reports, has observed that police have failed to implement the rule of law in the State and that the DGP should submit his resignation if he cannot control the police forces,” he said in his letter. “Though the news reports did not disclose the stage of hearing, it was definitely not at the stage of pronouncement of judgment,” he added.
Koteswara Rao said judicial adjudication means objective consideration of proposals and rebuttals, and giving a judgment on the weight of evidence. “In this instance, the High Court has chosen to arrive at a conclusion at the hearing stage of the petition and also made scathing remarks against a senior officer, who is heading the police force. Assuming that the officer is not able to control his force, it is not the solution for the High Court to seek his resignation under the law as a measure of punishment,” he said in his letter.
The advocate observed in his letter that it became a routine process, rather a symbol of efficiency for many members of the Bench, including in Tribunals, to adjudicate the matters by conducting question and answer sessions, where counsel are required to answer the questions posed by the bench without any arguments. In the process, the matter is becoming a quasi-lis, i.e., lis between petitioner and the bench.
“If these tendencies are allowed to prevail, much time may not be needed for the major stakeholder in the judicial process, i.e., the common man having lost his confidence would revolt against the system. This is precisely the situation in the present case. After all, the present government of AP was elected by the people of the State. Therefore, without going into the merits of the case, I submit that time has come to lay down some restraints and checks for the judiciary to practice in its adjudication process,” Koteswara Rao said in his letter to the Chief Justice of India.