Lawstreet Journal

Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court

Lawstreet Journal 17 Dec 2020 11:11pm

Image courtesy: Lawstreet Journal Judiciary Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court

The Advocate General of Andhra Pradesh, Subrahmanyam Sriram, said on Monday that the State will move the Supreme Court against the October 1 order of the High Court seeking to examine whether there is a constitutional breakdown of machinery in the State. 

The AG had raised objection regarding the jurisdiction of the Court to deal with the question of constitutional breakdown and urged the bench to treat it as a preliminary issue. On October 1, 2020,the bench, also including Justice Uma Devi, had converted the hearing on a batch of habeas corpus petitions and petitions alleging police excesses as a hearing on the issue whether there is a constitutional breakdown in the State of Andhra Pradesh.

Andhra Pradesh High Court To Examine if There is Constitutional Breakdown in the State of AP:

It had directed the government counsel to make submissions on whether the court can record a finding that there is Constitutional breakdown in the light of the circumstances which are prevailing in the State of Andhra Pradesh. Responding to this, the State had filed an application for recall, while highlighting that in the absence of any pleadings in the writ petition, the court may not examine the issue regarding failure of constitutional breakdown in the state.The Court had summoned the DGP who gave assurance that instructions will be given to the Police personnel to follow all the guidelines laid down by the Supreme Court in DK Basu case and other amendments that followed the pronouncement. 

This court had asked that State counsel may come prepared on the point as too whether in… Continue Reading...


Tagged: Andhra Pradesh High Court  
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