Supreme Court: The bench of MR Shah* and Krishna Murari has allowed mining baron G. Janardhan Reddy to stay at Bellary upto 06.11.2022 to be with his daughter who has delivered a baby. He has, however, been directed to move out of Bellary and remain out of Bellary in Karnataka and Districts of Ananthapuram and Cuddapah in Andhra Pradesh from 07.11.2022 till the trial is concluded.
Reddy, who is a mining tycoon and also a former Karnataka MLA, has been facing trial for serious offences relating to illegal mining. He has been charged under under Sections 120(B), 420, 379, 409, 468, 411, 427 and 447 of the Penal Code, 1860; Section 2 of the Forest Act, 1927, Rule 21 read with Rules 4(1), 4(1)(A) and 23 of the Mines and Minerals (Development and Regulation) Act, 1957.
CBi has been conducting investigation in the case and it is its apprehension that as most of the witnesses are from Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh, if Reddy is allowed to enter, stay and function in the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh, he may influence and/or tamper with the witnesses. In past, the apprehensions are proved to be true and even the judicial officers were influenced/tried to be influenced.
The Court expressed dismay over the fact that even after a period of 11 years of filing the FIR and despite Supreme Court’s direction for expedition of the trial, the trial has not begun on the ground that the accused/co-accused are filing the applications for discharge one after another.
Stressing on the early conclusion of the trial would enhance the faith of people in justice delivery system, the Court held that the trial must come to its logical end at the earliest.
“Any attempt on the part of the accused to delay the trial of serious offences is to be dealt with iron hands. More the delay, more the possibilities of influencing the witnesses.”
The Court, hence, directed the trial Court to begin the trial on day to day basis and once the trial begins, Reddy must be restrained from entering into the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh looking to the strong apprehension on the part of the CBI.
Directions
(1) Trial Court/Special Court to conduct the trial on day to day basis from 09.11.2022 and conclude it within a period of six months without fail;
(2) The prosecution may examine first, the witnesses from Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh as far as possible;
(3) All the accused are hereby directed to cooperate the Special Court in conclusion of the trial at the earliest and within the period stipulated hereinabove and any attempt on the part of the accused to delay the trial shall be viewed very seriously;
(4) Reddy is permitted to stay at Bellary upto 06.11.2022 to visit his daughter. He shall then move out of Bellary from 07.11.2022 till the trial is concluded.
[Gali Janardhan Reddy v. State of Andhra Pradesh, 2022 SCC OnLine SC 1375, decided on 10.10.2022]
*Judgment by: Justice MR Shah
For accused: Senior Advocate Meenakshi Arora
For respondent: ASG Madhavi Divan
