High Court of Andhra Pradesh
THE HONOURABLE MS. JUSTICE G. ROHINI THE HONOURABLE MR. JUSTICE ASHUTOSH MOHUNTA
Y.S. Vijaya
Versus
The Union of India, rep. by its Secretary, Ministry of Home & Others
Writ Petition No. 28951 of 2011
Decided on : 16-02-2012
Prevention of Corruption Act, 1988 - Sections 13 (2) & 13 (1) (d) - Representation of People Act, 1950 - A.P. Land Grabbing (Prohibition) Act, 1982 - Benami Transaction (Prohibition) Act, 2016 - Commissions of Inquiry Act, 1952 - Section 8-B - Army Act, 1950 - Section 130 - Constitution of India, 1950 - Article 219, 226 – Criminal Procedure Code, 1973 - Sections 227 and 228 and 239 and 240 – Indian Penal Code, 1860 - Section 120-B , 13 (2) & 13 (1) (d) - Civil Application – Writ petition - Public interest litigation - Seeking a Mandamus declaring the inaction of the respondents in initiating penal action against the respondent No.8 and his associates i.e., respondents 9 to 20 under the provisions of the Prevention of Corruption Act, 1988 and the Money Laundering Act, 2002 and other applicable penal laws is illegal, arbitrary and consequently direct the respondents 1 to 6 to initiate proceedings under law including a direction to the respondent No.4 to conduct an investigation / probe in respect of allotment of lands granting of licenses, decisions of disinvestment and amassing disproportionate wealth and assets by the respondents 8 to 10 and the involvement of the respondents 11 to 20 and prosecute the unofficial respondents and others in accordance with law – allegations included that the respondent No.8 devised various ingenious methods to ensure that the State policy and the State largesse ends up in the hands of the private individuals and firms which have had transactions with the family of the respondent No.8; that the respondent No.8, who was the pivotal policy maker of the State when he was the Chief Minister had selectively leaked the policy formulations of the State in advance for the benefit of individuals and private entities including the firms and entities owned and promoted by the respondent that large amounts were donated from unknown Indian sources to the prestigious institutions in U.S.A. i Carnegie Mellon University and Standford University wherefrom the son of respondent No.8 had obtained his Bachelors Degree and Masters; that the respondent laundered his money through one Sujana Chowdary and Sujana Group of Companies – Held, Hence it is our conclusion that the petitioners prayer cannot be granted – Court cannot sit in judgment over whether investigations should be launched against politicians for alleged acts of corruption. The Supreme Court of India functions as a constitutional court as well as the highest appellate court in the country. If the Supreme Court gives direction for prosecution, it would cause serious prejudice to the accused, as the direction of this Court may have far-reaching persuasive effect on the court which may ultimately try the accused. It is always open to the petitioners to approach the investigative agencies directly with the incriminating materials and it is for the investigative agencies to decide on the further course of action. While we can appreciate the general claim that the efforts to uncover the alleged acts of corruption may be obstructed by entrenched interests, in this particular case the petitioners would be well advised to rely on the statutory remedies. It is only on the exhaustion of ordinary remedies that perhaps a proceeding can be brought before a writ court and in any case the High Court of Sikkim would be a far more appropriate forum for examining the allegations made in the present petition – Petition is dismissed.
G. Rohini, J.
This writ petition is filed by way of public interest litigation seeking a Mandamus declaring the inaction of the respondents 1 to 6 in initiating penal action against the respondent No.8 and his associates i.e., respondents 9 to 20 under the provisions of the Prevention of Corruption Act, 1988 and the Money Laundering Act, 2002 and other applicable penal laws is illegal, arbitrary and consequently direct the respondents 1 to 6 to initiate proceedings under law including a direction to the respondent No.4 to conduct an investigation / probe in respect of allotment of lands, granting of licenses, decisions of disinvestment and amassing disproportionate wealth and assets by the respondents 8 to 10 and the involvement of the respondents 11 to 20 and prosecute the unofficial respondents and others in accordance with law.
Pending disposal of the writ petition, the petitioner sought an interim direction to the respondent No.4 to conduct a preliminary enquiry into the subject matter and submit a preliminary enquiry report to this Hon’ble Court in regard to the acts of omission and commission of the respondent No.8 during his tenure as Chief Minister of the State including in the matter of allotment of lands, grant of contracts, conferment of incentives and concessions and benami holdings of the respondent No.8 and his family members.
At the stage of admission, an elaborate order was passed by this Court on 14.11.2011. Admittedly the respondents were not heard before passing the said order. The operative portion of the order dated 14.11.2011 reads as under:
“10. We have bestowed our anxious consideration to the various statements of fact and the legal principles on the subject. We are of the opinion that the petitioner has made out a case of misuse and or abuse of power and also acts of indulgence shown by the 8th respondent, warranting admission of this writ petition. Accordingly, we admit this writ petition and issue Rule Nisi.
1. 11. However, we are of the opinion that respondents 3, 4, 5 and 6 should be directed to independently carry out necessary inquiries / investigation into the various acts alleged to have been committed and attributed to respondents 8 to 20 in the affidavit filed in support of this writ petition based upon the documents enclosed as material papers of this writ petition, before an opinion can be firmed up about the criminal culpability. Let the investigation be carried out and a report be submitted by each of the respondents 3 to 6 in sealed covers for further consideration of this Court, to enable it to take appropriate and necessary further action in the matter. For this purpose, we grant respondents 3 to 6, three months time.
2. 12. Learned counsel for the petitioner is directed to deposit eight more sets of the paper
book filed in the writ petition together with the material papers exhibited along therewith within one week from today, so that the Registrar (Judicial) will make available to the respondents 3 to 6 two such sets apace. Call the matter for further consideration after three months.” (emphasis supplied)
It is to be noticed that respondent No.4 in the writ petition is the Central Bureau of Investigation, New Delhi; whereas the respondents 3, 5 & 6 are the Government of A.P., represented by its Principal Secretary, Home Department; the Enforcement Directorate represented by its Director, New Delhi and the Director General of Police, A.P., Hyderabad respectively.
Aggrieved by the above said order, dated 14.11.2011, the respondents 11, 12, 17 & 20 carried the matter to the Supreme Court. By order dated 23.11.2011 the Supreme Court dismissed the Special Leave Petitions observing that the petitioners would be at liberty to approach this Court for modification/vacating the order dated 14.11.2011 and that their applications be disposed of within 15 days from the date of filing of the same.
In pursuance thereof, the respondents 11, 12, 17, & 20 filed WVMP.Nos.4348, 4418 & 43
State of Uttaranchal V Balwant Singh Chaufal (2010) 3 SCC 402
Kunga Nima Lepcha V State of Sikkim ((2010) 4 SCC 513)
Union of India V Modiluft Limited ((2003) 6 SCC 65)
P.R. Sinha V Inder Krishan Raina ((1996) 1 SCC 681)
Manak Lal V Dr. Prem Chand Singhvi (AIR 1957 SC 425)
A.K. Kraipak V Union of India ((1969) 2 SCC 262)
S. Parthasarathi V State of A.P. ((1974) 3 SCC 459)
G. Sarana (Dr) V University of Lucknow ((1976) 3 SCC 585)
Ashok Kumar Yadav V State of Haryana ((1985) 4 SCC 417)
Bihar State Mineral Development Corporation V Encon Builders (I) (P) Limited ((2003) 7 SCC 418)
Narinder Singh Arora V State (Govt. of Nct of Delhi) ((2012) 1 SCC 561)
State Of W.B. V. Shivananda Pathak ((1998) 5 Scc 513).
R.K. Anand V Delhi High Court ((2009) 8 SCC 106)
S.P. Gupta V Union of India (AIR 1982 SC 149)
Minor Irrigation & Rural Engg. Services
Vineet Narain V Union of India [(1996) 2 SCC 199]
Shri Girish Vyas V State of Maharashtra (2011 (11) Scale 676)
Gangadhar Janardan Mhatre V State of Maharashtra {(2004) 7 SCC 768}
Centre for Public Interest Litigation V Union of India (2011) 1 SCC 560)
Noida Entrepreneurs Association V Noida (2011) 6 SCC 508
Ranjit Thakur V Union of India (1987) 4 SCC 611
P.D. Dinakaran V Judges Inquiry Committee (2011) 8 SCC 380
Divine Retreat Centre V State of Kerala (2008) 3 SCC 542
Placing Reliance Upon State of Karnataka V Arun Kumar Agarwal (2000) 1 SCC 210)
Aiims Employees’ Union V Union of India (1996) 11 SCC 582
Hari Singh V State of U.P. (2006) 5 SCC 733
State of W.B. V Committee for Protection of Democratic Rights (2010) 3 SCC 571
D. Venkatasubramaniam V M.K. Mohan Krishnamachari (2009) 10 SCC 488
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