Supreme Court sets aside Andhra Pradesh HC order staying probe into Amaravati land scam

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Andhra Samachar News Bureau
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Vijayawada, May 05, 2023: The Supreme Court on Wednesday set aside the Andhra Pradesh High Court order staying the investigation ordered by the Y S Jagan Mohan Reddy government into the Amaravati land scam.

Allowing the appeals filed by the state government against the high court order, a bench of Justices M R Shah and M M Sundresh said in its May 3 judgement, “In our view, the high court ought not to have granted an interim stay when it was not required as the entire matter is at a premature nascent stage. The central government is yet to take a call on the letter and the consent given by the first petitioner (now appellant). It would have been better, had the high court permitted the parties to complete the pleadings, and thereafter, decided the writ petitions one way or the other by affording ample opportunity to the parties before it.”

The dispute relates to two government orders (GOs) issued by the Reddy government – on June 26, 2019, appointing a cabinet sub-committee to examine the allegations of corruption against members of the erstwhile Telugu Desam Party (TDP) government and on February 21, 2020, setting up a special investigation team (SIT) to investigate the allegations according to the reports published in indianexpress.com.

Disagreeing, the Supreme Court said, “There may be certain other aspects which are required to be considered by the high court in the pending writ petitions, more particularly, with respect to the terms of the reference of the committee. The high court has also not considered various contentions raised before us based upon the decisions of this court on legal aspects. The fact that the first petitioner (now appellant) had made a request to the central government vide letter dated 23.03.2020 to refer the matter to the CBI followed by the consent (given by the state) given on 13.07.2020 has not been taken into consideration.”

The judgment pointed out that the petitioners had filed an application before the high court to implead the Union of India and the Enforcement Directorate but this was “dismissed by a separate order dated 16.09.2020 inter alia holding that the presence of the proposed respondents was not required”.

“The aforesaid approach of the high court, especially when the main writ petitions are yet to be disposed of, and the request made by the petitioners (now appellants) being under consideration, ought not to have been adopted…There is no doubt in our mind that the Union of India is a proper and necessary party to be arrayed as a respondent in the writ petitions,” it added.

The Supreme Court made it clear that it had not expressed anything on the merits of the case and asked it to decide and dispose of the petitions on merits and in accordance with law, without being influenced by any of the observations made by it.

The Supreme Court also asked the high court to “make an endeavour to dispose of the writ petitions finally within a period of 3 months from the date of receipt of the copy of this judgment”.

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