Hyderabad High Court questions urgency in an appeal filed after a 61 day delay

A Divison Bench of the Hyderabad High Court, comprising Chief Justice TBN Radhakrishnan, and Justice V Ramasubramaniam, refused to hear a writ appeal filed by the Telangana Law Secretary and Secretary Legislature, on an urgent basis.

Additional Advocate General J Ramachandra Rao requested the Bench to hear the matter urgently as the Law Secretary and Secretary Legislature faced a contempt hearing before a single judge, for the non-implementation of the order that was now being challenged.

The challenge pertains to an order passed by Justice B Siva Sankara Rao on April 17, 2018, in which he directed the government to reinstate two Congress MLA’s who had been expelled by a resolution of the house.

The order is yet to be implemented.

The AAG also informed the Bench that it is very like that the Speaker of the house will be made a party to the case and hence the urgency. The Bench did not accede to his request noting that there had been a 61 day delay in filing the appeal.

The contempt hearing before the single judge is scheduled for tomorrow.

The Division Bench, however, observed that should the two civil servants be found guilty of contempt, or if the speaker was impleaded as a party, the government could appeal the notices which would be heard based upon what circumstances arose.

The writ appeal has been posted to August 16.