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Supreme Court today, while hearing plea by Gali Janardhan Reddy, former Karnataka Minister and Mining Baron, on alteration of Bail Condition restraining him to visit his hometown Bellary, asked the CBI to respond if further charge-sheets are to be filed in the matter or not. The matter has been adjourned for tomorrow.
A Division Bench of Justice Vineet Saran and Justice Dinesh Maheshwari, heard the matter today.
Senior Counsel(s) Mukul Rohatgi and Ranjit Kumar, appeared for the Petitioner.
ASG Ms. Madhavi Divan submitted for the CBI.
It was contended by the learned Senior Counsel Mr. Rohatgi that the bail condition restraining the petitioner from visiting his hometown was harsh –
“It is alleged by the CBI that he was mining beyond the lease area. A dispute about the boundary between the two States (Karnataka and Andhra Pradesh) was pending before the Supreme Court. He was arrested in 2011, bailed by the Supreme Court in 2015. He has been allowed to visit Bellary on previous instances and not violated any conditions. Considering the Trial has not progressed, I submit that this condition of not visiting home is very harsh,” Mr. Rohatgi argued.
It was added that the CBI has been filing additional charge-sheets only to delay the Trial.
“I am a resident of Bellary. The way the Trial is progressing, it won't end for 10 years - I can't be kept away from home on apprehensions,” added Mr. Rohatgi for the Petitioner.
ASG Ms. Madhavi Divan submitted that out of 300 witnesses, 47 alone were in Bellary – That the petitioner along with other conspirators are acting in tandem to delay the trial by filing repetitive discharge applications and quashing petitions. Moreover, when the petitioner was allowed on Bail earlier it was on the condition that he will not visit three districts – namely, Bellary, Cuddapah and Anantpur.
“You cannot press on alteration of condition when the delay is attributable to you,” added Ms. Divan for the CBI.
A part of Ld. ASG’s submission also rested on the influential position of the accused(s) and the gravity of the issue herein – “This is one of the most notorious mining scams ever.”
On April 5, A bench of Justice Ashok Bhushan and Justice Subhash Reddy, had reserved orders in a similar plea by the petitioner.
Reddy and his brother-in-law, B V Srinivas Reddy, MD, Obalapuram Mining Company (OMC), were arrested by CBI on September 5, 2011 from Bellary and brought to Hyderabad.
The company is accused of changing mining lease boundary and indulging in illegal mining in the Bellary Reserve Forest area, spread over Bellary in Karnataka & Anantpur district of Andhra Pradesh.
Case Title: Gali Janardhan Reddy v. State of Andhra Pradesh
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