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Interview with Sri Chagari Padmanabha Reddy, by I. Mallikarjuna Sharma, Dated Saturday, 21 March 2009 at 12=30 P.M. CHAGARI PADMANABHA REDDY, Son of OBULA REDDY (ఓబుల రెడ్డి) and SOMAKKA (సోమక్క), Born 18 March 1931 at Yadiki (యాడికి), Anantapur district, Andhra Pradesh. My father was a LMP (Licensed Medical Practitioner) and had duly undergone the 4-year course to get that diploma and was practicing at Yadiki in a Local Fund Dispensary under the District Board. Our native village, however, was Chaamaluru (చామలూరు) in Kadapa District. My father was the hereditary village munsif of the village Talla Proddaturu (తాళ్ల ప్రొద్దుటూరు), 3 miles distant from our native village. He employed some clerks to look after his munsif duties there and hardly used to go there. That munsif post devolved on me also and I also used to get the work done through clerks and I never went to that village or to our native village at any time in my life. Later, after the onset of the Telugu Desam government, the hereditary village officer posts were abolished and I was relieved of that burden. We did not have any ancestral lands in our native village or any villages in Kadapa district or anywhere else. We had no properties in Yadiki either and were solely dependent on my father’s income as LMP. You can say ours was a lower middle class family. Up to 5th class I studied in a street school in Yadiki itself. Later from 1st Form to III Form (6th to 8th classes) I studied in the Municipal High School, Tadipatri. [It is true that Tadipatri is the stronghold of the Congress Party with the present Minister Diwakar Reddy as the leader. It is also true that Diwakar Reddy’s brother is quite popular and developed the town very well, and though relatively small, it is the only town in Rayalaseema to have underground drainage system.] Later from IV Form to VI Form (9th to SSLC) I studied in the London Mission High School, Gooty, having been taken there by my peddamma (mother’s elder sister) who is Justice Chinnappa Reddy’s own mother. She was quite older than my mother and it was she who brought up my mother too. I passed my SSLC in 1945 and by that time Sri Chinnappa Reddy had already got his law degree, completed apprenticeship and was practicing in the Madras High Court. I was only 14½ years old when I completed my SSLC and as such was under-aged for admission in Madras University. However, I could join Intermediate in A.C. College, Guntur, as in Andhra University there was no age restriction. I took the Biology-Physics-Chemistry (Bi-P-C) group and appeared for the final intermediate examinations in 1947. At that time, however, there was a lot of agitation in the course of independence movement and disturbances in Guntur too. One Mr. Sypes was the Principal of the A.C. College, and due to disturbances the College was closed. I could not do the Physics Practical examinations and so I failed. However, I appeared for the Physics Practical in September Supplementary examinations and passed Intermediate. Thereafter I joined B.Sc. Chemistry course in the Government College, Anantapur, in 1948 and passed the degree examinations in 1950. My father, unlike Sri T. Bali Reddy’s father, was never in politics; he never participated in the national movement though he was not opposed to it either. I too never participated in any students’ movement or political movement. Being a medical practitioner himself, my father very much wanted that I become a Doctor. I applied for a seat in the Medical College but, since I did not get the requisite marks in the Degree examinations, I could not get admission. And my cousin brother Sri Chinnappa Reddy, who was practicing in Madras, took me there and got me admitted in the University Law College. I passed the B.L. examinations in 1952. During 1950-52, K.G. Kannabiran was my classmate; we studied in the same section in the 1st year but in the 2nd year he was in a different section. I was non-political during my law studies too. After passing my law, I did my apprenticeship for one year under Sri Satyanarayana Raju, practicing advocate in Madras at that time (later he became a judge). I got enrolled in Madras High Court in July 1953 and immediately started working as Junior to Sri Chinnappa Reddy. I was aware of the fast unto death undertaken by Sri Potti Sriramulu in Madras in 1953 and also visited him while fasting in the camp (tent) but I did not participate in the agitation for Separate Andhra State. Actually we thought Madras (I mean North Madras) would be given to us Andhras; and likewise Bellary would come to us. However, in the end, we gave up (had to give up) all those areas. I was sympathetic to Separate Andhra demand but there were also many Telugus who opposed that demand. In October 1953 the Andhra State was formed and Tanguturu Prakasam Pantulu was the first Chief Minister of Andhra. He declared a General Amnesty for all prisoners (convicts) and virtually all the prisons were emptied. That G.O. was challenged on the ground that it was not desirable to release hardcore criminals serving life or long terms of imprisonment, etc. and that since appeals were pending in many cases it would amount to interference with the course of justice. However, the High Court upheld the G.O. saying that the Government had the jurisdiction and power to so release the prisoners but at the same time gave option and opportunity to those of the convicts who, though released, would like to get a clean acquittal, to argue the appeals on merits. So in the period October 1953 to April 1954, though most of such appeals had become infructuous with the convicts-appellants being released, and those appellants were not exactly interested in pursuing the appeals, there was ample occasion and opportunity for us newly practicing advocates to argue the appeals on merits and gain much experience in criminal law. So we in our office [Sri Chinnappa Reddy’s office] argued all the appeals pending with us on merits and Justice Balakrishna Iyer who was hearing criminal appeals used to patiently hear our arguments. He was very reserved and never opened his mouth and intervened while the advocates were arguing cases; he used to just listen attentively. That was how we got experience, we lost fear of the Court and got entrenched in the bar.

In 1954 June we shifted to Guntur (Andhra High Court) and later when Andhra Pradesh was formed in November 1956, we shifted to Hyderabad, and were mainly practicing in the High Court, as juniors in the office of Sri Chinnappa Reddy. In 1960 Chinnappa Reddy became Public Prosecutor and then his entire criminal work, we (I and Bali Reddy) used to do. Of course, his civil work also we used to look after but we got more specialized in criminal law practice. Later when he became Judge in 1967, we became independent. In 1955 I married my maternal uncle’s daughter Indiramma. She studied up to IV Form and she is just a housewife. We have only one son, Praveen, who is also practicing law. Though I did not participate in any political movements or parties, I had leftist leanings; from our student days Bali Reddy and I had much admiration for the communist leader Tarimela Nagi Reddy and good personal rapport with him too. And Chinnappa Reddy was also having definite leftist views. You know his brother-in-law Dr. Rajagopalan was a convinced communist even by that time. So because of all these influences I had leftist leanings from my student days. And then our defence of detenus mainly of the communist party also promoted our affection towards leftist views. Not only during and after Emergency, but even prior to that in 1962 and 1965 also I had defended the communist detainees. In the wake of the naxalite movement and the increasing suppression of civil rights by the State, Sri Ravi Subba Rao, Advocate, who used to reside at Lakdi-ka-Pul, took initiative and formed a [political prisoners’] defence committee. He headed the committee in which Sri Pattipati Venkateswarlu, B.P. Jeevan Reddy (later became Justice), Kannabiran, Manohar Raj Saxena and myself were the other members. We used to frequently meet at Sri Ravi Subba Rao’s residence at Lakdi-ka-Pul, discuss and arrange for defence of the needy under-trial/convict/detainee political prisoners. Sri Ravi Subba Rao was from Krishna district and an able and humane advocate with great zeal and commitment to leftist ideals. He was residing along with his wife and I don’t think they had children. He has passed away long back. I don’t know any further details about him. During the Emergency I mainly defended the political detainees in the High Court. Though Kannabiran actively participated in the Tarkunde Committee and later in the Bhargava Commission, I did not play any role in either of those. However, after the demise of Sri Ravi Subba Rao, I was elected the president of Democratic Lawyers Association, a progressive lawyers’ forum set up mainly by the CPI. This has later become the Indian Association of Lawyers, of which also I am the President of the State unit. It so happened that in the late 1960’s, some 4-5 senior criminal lawyers like Sri C. Krishna Reddy, R.V. Rama Rao, Adivi Rama Rao, et al passed away within a span of 3-4 years and it created a big vacuum in the field of criminal law practice in Hyderabad, mainly in the High Court. That also gave a fillip to the rapid development of the criminal law practice of myself and Bali Reddy. And we started doing the practice independently. In my long and successful practice, I have defended/pursued the litigation of several senior civil servants like Nambiar, the first IG of Police, Govinda Rajan and many other top civil servants, police officers and even politicians. Irrespective of any party or political affiliations all the aggrieved persons used to come to me, and still come to me, for legal advice and defence. About the important political cases, I may mention the Hyderabad (Nagi Reddy) Conspiracy Case involving Sri Nagi Reddy, Devulapalli Venkateswara Rao, and many other senior leaders of the Revolutionary communist party in Andhra Pradesh; and especially the Parvathipuram Conspiracy Case involving important naxalite leaders like Choudary Tejeswar Rao, Bhuvan Mohan Patnaik, Nagabhushan Patnaik, et al. Almost all the accused in the Parvathipuram Conspiracy Case personally came to me and talked with me. The lower court had sentenced many of them to life or long terms of imprisonment but when the matters were argued by me and others in Criminal Appeals which came before a bench consisting of Justices Sri Sitarami Reddy and Sri Raju, many of them were acquitted. But the judges differed as to the decision on the rest of the convicts and hence the matter was referred to a third judge, before whom also I and others argued the matters in extenso. Sri Muktadhar J, the third Judge, acquitted all the rest. Apart from court work, there was no other sort of active participation in civil liberties movement on my part except for participating in organization of certain civil liberties associations. I was and still am the President of the Indian Lawyers Association (IAL), which was originally styled as the Democratic Lawyers Association. It mainly consists of supporters of the CPI but it was headed by eminent jurists and judges like Sri V.R. Krishna Iyer, Sri Desai, Sri Chinnappa Reddy, Sri Bhagwati. There is another progressive lawyers association – All India Lawyers Union (AILU) – supported by the CPM. To solve the problem of huge pendency of cases due to delay in their disposal I feel and think more number of Courts with talented judges selected on the basis of merit and efficiency alone are necessary. If senior lawyers with much work experience and talent are appointed, there will be quick disposal of cases. I don’t find fault with the decision to establish fast-track courts. Of course, since retired persons are appointed and the tenure is not fixed/regular, there is scope for corruption. Experience proved the correctness of having recourse to these fast-track courts and many or most of the criminal cases on the original side are disposed of. But what’s the use, appeals from those judgments are pending in the High Court for years together, thus doing irreparable damage and injustice to the interests of the accused/convicts. By the time High Court gives some judgment, and in many cases it can be of acquittal, the convict’s prospects and family situation would have been ruined. As for the selection of High Court and Supreme Court Judges, there is no transparency in the proceedings of selection and it is a big drawback. It is basically wrong. For example, in my own case, I have reliable information that I was considered for appointment as High Court Judge in 1980 and that the High Court, the State Government and even the Supreme Court approved of my candidature, but due to adverse intelligence reports against me alleging that I appeared in defence of naxalite prisoners in courts, and also that I was a member of an organization (reference to Democratic Lawyers Association which is now called Indian Lawyers Association) supported by a communist party, as if both were ‘treasonable acts’ or ‘illegal measures’! The Intelligence officers conveniently suppressed the facts that eminent judges like Krishna Iyer, Desai, Bhagwati headed the same organization and that a lawyer is obligated to defend a client irrespective of his (lawyer’s) own political and other convictions. As such I differ with the opinions of Justice Chinnappa Reddy also and strongly support the demand for establishment of a National Judicial Commission with members from different walks of life. I think that will be a better alternative for selection of judges. But in my opinion it may be difficult to subject the selection procedure to accountability since there is no statutory right or even legitimate expectation for a person who is considered for the post of judges. I am not for any sort of election of judges. I think present justice delivery system is better than our age-old panchayat justice system – especially in the present scenario. Nowadays villages are very factious and have turned quite corrupt. So it is better to continue the present system. However inordinate delays in disposal of criminal appeals (now taking 3-4 years) and corruption cases (now taking 7-8 or even more years) have to be tackled and overcome. Delays are ruining the present system. But as for filing and the connected delays, as far as criminal appeals are concerned, I don’t think there is any serious problem. I fully support the recent 5-judge judgment of the Andhra Pradesh High Court delivered by Justice G. Raghuram. I think it is necessary that FIRs should be registered and investigation taken up against the connected police officers in every case of encounter in which death or serious injuries occur. However, I also think that the present Human Rights Commission has to be given more powers. The National and State Human Rights Commissions are to be complimented for doing considerable useful work for the protection of human rights. But the Human Rights Courts set up under that Act have to be specifically conferred with original jurisdiction so that they can by themselves take cognizance of cases involving human rights violations. The Act has to be amended accordingly. In that case, all encounter cases could be investigated under and tried by the Human Rights Courts