Chandrababu regime scams: SC vacates AP HC stay on SIT probe

NEW DELHI: In a major shot in the arm for the Andhra Pradesh Government in pursuing cases of corruption during the previous Telugu Desam Party (TDP) regime, the Supreme Court on Wednesday cleared the way for investigation by the Special Investigation Team (SIT). A division bench of the apex court headed by Justice M R Shah vacated the stay granted by the Andhra Pradesh High Court on the SIT probe into various cases of irregularities under the chief-ministership of Chandrababu Naidu.

The current YSRCP regime in Andhra Pradesh has identified several cases of serious irregularities in some policy decisions and large-scale projects and schemes including the Amaravati land scam. The YS Jaganmohan Reddy government, while constituting the SIT a few years ago, ordered a detailed investigation into the malpractices involving alleged massive-scale corruption. The Andhra Pradesh High Court subsequently granted a stay on the SIT probe in response to petitions filed by a few TDP leaders.

Later, the YSRCP government approached the Supreme Court challenging the Andhra Pradesh High Court’s stay order. After hearing its petition, the division bench of the Supreme Court on Wednesday vacated the stay granted by the Andhra Pradesh High Court, thus clearing the legal hurdles for the SIT to go into the alleged irregularities.

The Supreme Court division bench felt that a stay was unnecessary on the SIT probe especially when the Andhra Pradesh Government was even inclined to entrust the investigation to the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED). He also found fault with the high court, observing that it was not appropriate to grant a stay on the SIT action right in the preliminary stage of its investigation.

Referring to the State Government’s GOs on the constitution of the SIT for probe, the Supreme Court ruled that these GOs were not issued to alter the policies of the previous regime and felt that the Andhra Pradesh High Court failed to give due consideration to the terms of reference stated in the GOs. The division bench headed by Justice M R Shah delivered its order vacating the stay granted by the Andhra Pradesh High Court to clear the way for a detailed investigation into the alleged irregularities of the previous TDP government headed by Chandrababu Naidu.

It is being perceived that the apex court ruling also effectively removed all legal hurdles to probe alleged large-scale corruption in several key projects including the Amaravati land scam.

What’s wrong if misuse of public money is probed?

The Supreme Court made some interesting comments before vacating the high court stay. “What is wrong if several aspects like misuse of public money and mala fide intentions in government’s policy decisions are probed? Does it not amount to granting a 100 percent immunity if the review of the previous government’s decision is stayed?,” it questioned.

On its part, the counsel representing the Andhra Pradesh government presented a strong case for it while challenging the Andhra Pradesh High Court’s stay order. The Andhra Pradesh government felt that it was inappropriate to obstruct the probe in the very preliminary stage. It also brought to the notice of the Supreme Court that they had requested for a CBI inquiry into the matter. It questioned how the high court could grant a blanket order against the investigation.

Concurring with the state government’s contention, the Justice M R Shah-led division bench of the Supreme Court gave an order vacating the high court stay on the SIT investigation into the Chandrababu Naidu-time irregularities.