Justice V. Eshwaraiah Heaves a Sigh of Relief as Apex Court Sets Aside an Order Passed by Andhra Pradesh High Court
(Judicial Quest News Network)
The Supreme Court today granted relief to former acting Chief Justice of Andhra Pradesh High Court Justice V.Eshwaraiah in connection with an alleged phone conversation probe between him and a District Judge plotting ‘Conspiracy’ against the Chief Justice of the High Court and a sitting Supreme Court Judge.
The judgement was delivered by a Bench of Justies Ashok Bhushan and R.Subhash Reddy on a plea by Justice Eshwaraiah .
The top court set aside the order passed by AP High Court stating such an order was not warranted. The High Court was asked to consider the entire matter afresh.
This order was made on the basis of an application for reopen and intervention filed by the suspended District Munsif magistrate in an Public Interest Litigation pending before the High Court seeking implementation of COVID-19 Guide lines in the High court.
In his plea before the Supreme Court Justice Eshwaraiah pointed out that the injury to the conversation was ordered by the High Court on the basis of the intervention application without even allowing the intervention and without notice to him.
The suspended District Munsif Magistrate called me over Whats app on July 20,2020, however I do not know from which phone number he called from. Whatsapp is end to end encrypted and thus recording of call is not possible. However the recording proves that an external device used to record the conversation.
Justice Eshwaraiah also alleged that telephonic conversation clip was deliberately leaked to a news channel to tarnish his image to defame him.
It was also contended in the affidavit submitted by Justice Eshwaraiah that the conversation which took place was edited and some part of the audio recording was placed before the court.
It was further submitted that the conversation was a private one and that the High Court had passed the order without s issuing notice to Justice Ehswaraiah and without hearing his side.
