Supreme Court sets aside Andhra Pradesh High Court's orders staying probe into corruption, misfeasance during TDP rule [Read Judgment]

NEW DELHI: The Supreme Court on Wednesday set aside the Andhra Pradesh High Court interim orders which stayed the state government's decisions to probe allegations of corruption and misfeasance during the previous dispensation under the Telugu Desam Party for setting up Amravati as state capital. The High Court had suspended the probes on the basis of a prima facie finding that those were politically motivated.

"We are prima facie of the opinion that some of the reasoning given by the High Court while staying the further proceedings pursuant to the two GOs may not be germane, more particularly, when the High Court has observed that the new Government cannot be permitted to overturn the decisions of the previous Government" a bench of Justices M R Shah and M M Sundresh said.

Acting on an appeal filed by the YSR Jagan Mohan Reddy government, the top court also said 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 bench directed the High Court to dispose of the matter finally within a period of three months.

It also agreed with a contention of the Andhra Pradesh counsel, saying that the State is justified in submitting that the High Court has misinterpreted and/or misconstrued the two GOs and treated and/or considered the same as overturning the decisions of the previous Government.

If the two GOs are considered, it can be seen that the same cannot be said to be overturning the earlier decisions taken by the previous Government and/or to review the decisions taken by the previous Government. The Sub-Committee and the SIT have been constituted to inquire into the allegations of acts of corruption and misfeasance of the previous Government," the bench said.

The court also took into account that the High Court ignored the fact that the state government had made a request to the central government by a letter March 23, 2020 to refer the matter to the CBI followed by the consent given on July 13, 2020.

"The central government is yet to take a call on the letter and the consent given by the state government. 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 bench said.

The top court also declared the Union government is proper and necessary party to the proceedings before the High Court.

By a separate order, the High Court on September 16, 2020 rejected the state government's plea to make the Union government and the Enforcement Directorate as party to the proceedings.

[Read Judgment]