Warrant issued against Assembly & Law secretaries for contempt

HYDERABAD: The contempt case filed by Congress MLAs Komatireddy Venkat Reddy and SA Sampath Kumar relating to the cancellation of their Legislative Assembly membership on Friday took a new turn after the Telangana High Court issued bailable warrants against Assembly secretary V Narasimhacharyulu and Law Secretary V Niranjan Rao.

Justice Siva Sankara Rao directed the city police commissioner to allow bail only if a personal bond of Rs 10,000 each was served. The duo has been asked to appear before court on February 15.

The Court made it clear that those facing contempt case have to appear before it once Form-1 notices are issued to them in the case. The earlier orders of the court were deliberately not implemented showing disrespect to the judiciary, the HC said.

On April 17 last year, the judge while allowing the petition filed by Komatireddy and Sampath challenging their expulsion from the Assembly, ruled that their dismissal was invalid on the ground that the principles of natural justice was not followed. The judge granted relief to them by setting aside the expulsion order of the Legislative Assembly and gazette notification issued by the Telangana government notifying vacancy for Nalgonda and Alampur Assembly constituencies.

Both the secretaries filed writ appeals separately challenging the single judge order. On August 14, while the appeals were pending before the Division Bench, the judge issued Form-1 notices to both secretaries for appearance before the court. On August 21, the division bench stayed the order of the single judge and all further proceedings in the contempt case.

On December 3 last year, the Bench closed the appeals filed by Narasimha Charyulu and Niranjan Rao against the order passed by the judge in April.The bench, in its order, said that the issues raised in the petition and the appeals do not survive for consideration since the 14th House of the Assembly stands dissolved.

When the contempt case came up for hearing before lunch on Friday, a junior counsel sought adjournment of the case hearing saying his senior counsel Vedula Venkataramana who was appearing for the law secretary was not available, following which Justice Siva Sankara Rao adjourned the hearing to 2.30 pm.

When the hearing resumed at 2.30 pm, additional advocate general J Ramachandra Rao, appearing for the law secretary, sought adjournment of the hearing. The judge expressed displeasure at repeated adjournments being sought. Intervening, state additional advocate general J Ramachandra Rao said, “What non-sense! What is the need to hear the case so urgently? I too wanted to complete my arguments.” The judge then shot back at the AAG must be have with “good sense”.

The AAG then said that the Division Bench had already set aside a single judge order when the state preferred an appeal. While serving an order copy to the judge, the AAG said there was no need to hear the contempt case and urged for its closure. Justice Siva Sankara Rao said that the Bench cannot direct him to close the contempt case as Form-1 notices were issued to secretaries concerned after relying on a judgment.

In fact, the division bench had clearly stated that it was open to the single judge to close the contempt case as nothing survives in the matter. There was nothing in the order of the Division Bench directing closure of the contempt case. Mere dissolution of the Assembly will not absolve contemptors from appearing before the court, the judge noted.The judge, in his order, said the court was not inclined to close the contempt case without appearance of both the secretaries once Form-1 notices were issued.