HC initiates contempt proceedings against MLA

Hyderabad: Justice B Siva Shankar Rao of the High Court on Monday directed initiation of criminal contempt against TRS MLA Elvis Stephenson, who filed an application for the judge to recuse from hearing the criminal petition, filed Jerusalem Mathaiah, one of the accused in cash-for-vote scam.

The judge made the order while dismissing the petition filed Stephenson in this regard. The petitioner stated his apprehension that there was likelihood of the quash petition being allowed. Threading the march of events, he said, the accused had been absconding but the court on June 18 on out of turn basis heard and granted stay of his arrest.

He alleged that the sequence of events which had taken place on June 18 prior to hearing and during hearing of quash petition by Mathaiah seemed to be pre-determined and pre-disposed. This was followed with the State Advocate General also pushing the cause for the recusal of the judge from hearing the matter.

The judge directed the Registry to issue contempt proceedings against the MLA under Section 14 of the Contempt of Courts Act. The judge quoted from the verdict of the Apex court in the recent case of Suborto Roy and reasoned that mere asking of a party to the petition for the judge to withdraw from hearing the case was not at all ground for recusal of a judge from the hearing.

The judge also requested the Chief Justice to grant permission to issue proceedings under Section 327 (1) of the Cr. P.C to allow only the parties, their advocates, Advocate General of Telangana State and ACB public prosecutor during the hearing the quash petition.