In a shot in the arm for the Jagan Mohan Reddy
government, the Supreme Court on Wednesday set aside an Andhra Pradesh High
Court order which had stayed an SIT probe into alleged irregularities in the
land deals in Amaravati during the previous TDP regime.
Through a government order of September 26, 2019,
the Reddy government had appointed a Cabinet Sub Committee to examine the
allegations of corruption against members of the erstwhile government which
recorded a prima facie finding about certain allegations.
On the basis of the report, the state government
issued a second order and constituted the 10-member SIT, headed by a Deputy
Inspector General of Police-rank IPS officer, to conduct a comprehensive
investigation into various alleged irregularities, particularly the land deals
in the Amaravati Capital Region, during the previous Chandrababu Naidu regime.
Both the notifications were stayed by the high court
indefinitely which led the state to approach the top court for relief.
An apex court bench of justices MR Shah and MM
Sundresh said the high court ought not to have granted an interim stay when it
was not required as the entire matter was at a premature nascent stage.
The apex court said the high court has failed to
consider the fact that the state government had already made a representation
to the Centre to refer the investigation to the CBI.
"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 government orders 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.
The Andhra Pradesh government had challenged a high
court order of September 2020 staying the government orders sanctioning the
constitution of a Special Investigating Team (SIT) to probe into the
allegations of land scam in Amaravati during the previous dispensation under
the Telugu Desam Party (TDP).
The apex court said central government is yet to
take a call on the letter and the consent given by the Andhra Pradesh
government and 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.
"We are inclined to set aside the orders dated
September 16, 2020, while making it clear that we have not expressed anything
on the merits of the case. The high court is expected to decide and dispose of
the writ petitions on merits and in accordance with law, without being
influenced by any of the observations made in our order.
"Considering the issues governing the facts and
law, the high court may make an endeavour to dispose of the writ petitions finally
within a period of three months from the date of receipt of the copy of this
judgment," the bench said.
The top court said senior advocate appearing on
behalf of the state is justified in submitting that the high court has
misinterpreted and misconstrued the two government orders.
"If the aforesaid 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.