CJI recuses himself from hearing AP govt plea on 3 capitals issue

Chief Justice of India, S.A. Bobde on August 17 recused himself from hearing a plea challenging the stay order passed by the Andhra Pradesh High Court on the formation of three capital cities in the state.

As a bench headed by Chief Justice Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian took up the matter through video conferencing, senior advocate Ranjit Kumar cited that the CJI’s daughter had represented one of the private parties before the High Court.

On learning this, the Chief Justice recused himself from hearing the matter and it will be heard by a different bench on August 19.

The state government’s plea, filed through advocate Mahfooz Nazki, contended that the High Court order, staying implementation of gazette notifications after the Governor had given his assent to two bills on July 31, is without valid reasons and it is also bad in law.

The High Court order was passed on a plea filed by a group of farmers in Amaravati.

The plea contended: “The present Special Leave Petition is being filed against the order dated August 4 passed by the High Court of Andhra Pradesh in Amaravati. By way of the said order, the High Court, without even a prima facie finding on the aspect of constitutional validity, has been pleased to stay the operations of two legislations passed by the state of Andhra Pradesh.”

The state government is keen on setting up Kurnool as the judicial capital, Vishakhapatnam as the executive capital, and retaining Amaravati only as the legislative capital.