Former AP High Court Chief Justice V Eswaraiah accepts phone conversation with suspended judge over Whatsapp, but says incorrect transcript filed

Former Chief Justice of the Andhra Pradesh High Court V Eswaraiah has informed Supreme Court that the telephonic conversation between him and suspended District Munsif Magistrate indeed took place over a Whatsapp call. .However, he also stated that it was possible that "audio conversation as in the pen-drive may not be the exact conversation which took place and it is possible that some parts of conversation were edited out.".The submissions were placed on affidavit after a Bench of Justices Ashok Bhushan, Subhash Reddy and MR Shah had earlier asked advocate Prashant Bhushan, appearing for the former judge, to ensure that the argument by Justice Eswaraiah on the veracity of the audio conversation be made on affidavit. .The former judge moved the Supreme Court challenging an order passed by the Andhra Pradesh High Court calling for a probe into his telephonic conversations with the District Munsif Magistrate. .The High Court had ordered an inquiry into the conversation which allegedly disclosed some material about a plot against the Chief Justice of the Andhra Pradesh High Court and a sitting judge of the Supreme Court..Former Andhra Pradesh High Court Chief Justice V Eswaraiah moves Supreme Court against HC ordering probe into his phone chat.The order by the High Court was passed in an intervention application filed by a suspended District Munsif Magistrate in an unrelated public interest litigation petition seeking implementation of COVID-19 guidelines in the High Court.In his plea before the Supreme Court, Justice Eswaraiah has pointed out that the inquiry into the conversation was ordered by the High Court on the basis of the intervention application without even allowing the intervention and without notice to him..In his affidavit filed before the Supreme Court, the former judge has stated that "the voice in the conversation appears to be mine" and "hence the part what I have purported to say is correct.".However, the judge adds that his "admission or denial of the private conversation with the suspended District Munsiff Magistrate is immaterial in deciding this present SLP."."The suspended District Munsiff Magistrate called me over Whatsapp on July 20, 2020, however I do not know from which phone number he called from. Whatsapp is end to end encrypted and thus recording of call is not possible. However the recording proves that an external device was used to record the conversation," states the affidavit..He has further submitted that English transcript as filed before the High Court of the audio conversation "was incorrect and was deliberately given to present a false and misleading impression with regard to the conversation."."I recall that conversation with the suspended Magistrate was three fold. First I enquired about his suspension, then I consoled him and thereafter sought information regarding benami transactions in relation to the new capital region in Andhra Paradesh," reads the affidavit..He also has "publicly" spoken about the misconduct of the sitting judge of the Supreme Court and "his (judge's) nexus with the erstwhile government and the then Chief Minister, N Chandrababu Naidu." He was privy to various facts regarding this misconduct, the plea adds.."Misconduct which he was talking about was the subject matter of an enquiry by the cabinet subcommittee regarding dubious property transactions for unlawful gain, also involving the said sitting supreme court Judge and other public servants at the helm of affairs in the erstwhile government in Andhra Pradesh," it has been submitted. .The petition has stated that this conspiracy was the subject matter of an FIR which names a former Advocate General and two daughters of the sitting Supreme Court judge. In this light, the plea states,"...it was legitimate for the petitioner to seek any further information about the misconduct of the Judge from anyone who might be privy to such information. Terming such a conversation to be some sort of a criminal conspiracy to destabilize the judiciary which needs an investigation is totally unwarranted.".The High Court, he has claimed, erroneously held that his seeking more information about a fact already in the public domain and under police scrutiny, amounts to a conspiracy to malign the judges concerned, and is a plot against the judiciary.Eswaraiah has also alleged that the audio clip was leaked to a news channel to tarnish his image and to defame him..The High Court had stated that since the plot involving the Chief Justice of the Andhra Pradesh High Court was alleged with malafide intention, unless the authenticity of the contents of the pen-drive is established, it could not proceed against anyone..It had added that in the judicial process, it is the solemn duty of the Court to unravel the truth and the only way to do so was to order an enquiry."Truth should be the guiding star in the entire judicial process", the High Court had said..Justice RV Raveendran, retired judge of the Supreme Court of India, was asked by the High Court to hold an inquiry to find out the authenticity of the conversation.