'Cannot Cherry Pick What Conditions To Adhere' : CBI Opposes Mining Baron Gali Janardhana Reddy's Plea To Stay In Bellary
ASG Madhvi Divan submitted that any dilution or modification of bail conditions would have a detrimental impact on the trial as a whole.
While opposing the plea filed by former Karnataka Minister and mining baron Gali Janardhan Reddy, accused in multi-million illegal mining case(s) seeking permission to visit and stay in the District of Bellary in Karnataka for a period of 8 weeks and for modification of bail conditions, the Central Bureau of Investigation ("CBI") told the Supreme Court that the Reddy could not...
While opposing the plea filed by former Karnataka Minister and mining baron Gali Janardhan Reddy, accused in multi-million illegal mining case(s) seeking permission to visit and stay in the District of Bellary in Karnataka for a period of 8 weeks and for modification of bail conditions, the Central Bureau of Investigation ("CBI") told the Supreme Court that the Reddy could not cherry-pick what bail conditions he wished to adhere to and what not to adhere to.
"Bail was only granted on conditions. The order was a consensual order. The petitioners cannot cherry-pick what conditions they have to adhere to & what they don't adhere to," submitted ASG Madhvi Divan.
The submissions were made before the Division Bench of Justice Vineet Saran and Justice Dinesh Maheshwari.
Opposing Reddy's stay in Bellary, Additional Solicitor General submitted that the bail granted to Reddy by the Top Court was a conditional one and was only granted subject to the condition that he would not visit district Bellary in Karnataka as well as Ananthapur and Kadapa in Andhra Pradesh.
With an endeavour to convince the bench for not diluting bail, ASG Madhvi Divan submitted that Reddy was a very serious threat to witnesses living in Bellary and that any dilution or modification of bail condition would have a detrimental impact on the trial as a whole.
"In 2019, this was known as the Cash For Bail Case. The special CBI judge was offered a bribe of 40 crores for granting bail to Reddy. He is a person who has been very seriously accused. Due to not accepting a bribe, that judge died under very serious circumstances. The power that this person has had an impact on 2 district judges & 1 CBI judge. Twice his application for bail was rejected," ASG Madhvi Divan submitted to substantiate her contention.
Contending that the co-conspirators were playing in tandem to delay the trial, ASG Madhvi Divan argued that the entire substratum of the plea seeking modification of condition was that there was a delay in Trial, but the trial was being delayed due to the acts of Reddy and other accused(s). She also contended that Reddy had been enjoying his liberty and that the condition(s) that were imposed on him were not onerous.
"Last year, when the matter had come up before another bench, he had filed a discharge petition wrt to the same. First, they denied this fact & they then went to the trial court & withdrew it. They continue to keep the court over there busy with discharge petitions. Even now they're not allowing the trial to proceed after being granted bail," ASG Divan added.
It is pertinent to mention that, appearing for Reddy, Senior Advocate Mukul Rohatgi had yesterday argued that that irrespective of filing 3/4 supplementary charge sheets, the charges are yet to be framed and that the Trial has not yet commenced.
"3/4 supplementary charge sheets have been filed. Charges are yet to be framed. The trial has not commenced & there are many accused(s). On several occasions, I have been allowed to go to Bellary," Senior Counsel had submitted.
Background
Reddy was made a minister in the BS Yeddyurappa Government formed after the Bharatiya Janata Party won the Assembly elections in Karnataka in 2008. Three years later, the Central Bureau of Investigation arrested him on charges of illegal mining. He was again arrested in 2015 and granted bail.
As a part of his bail conditions, Reddy was directed not to visit Bellary as well as Ananthapur and Kadapa in Andhra Pradesh. He was barred from Bellary as a condition for his release on bail in 2015. Reddy's firm, the Obulapuram Mining Company is accused of changing mining lease boundary markings and indulging in illegal mining in the Bellary Reserve Forest area.
Case Title: Gali Janardhan Reddy Versus The State Of Andhra Pradesh
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