In a big relief to Andhra Pradesh State government, the Supreme Court (SC), on Wednesday, set aside an Andhra Pradesh High Court order that stayed a Special Investigation Team (SIT) probe order by the State government into allegations of corruption against the members of the former government including Telugu Desam Party (TDP) leader, Varla Ramaiah.
The Apex Court bench, headed by Justice RM Shah, ruled that successive governments had the power to investigate the wrongdoings of previous administrations. When the AP government began investigating the Amaravathi land and other scams, TDP leaders filed a petition in the High Court. The High Court issued a stay order on the CID investigation, which was challenged by the State government in the Supreme Court.
The court was hearing an appeal by the State of Andhra Pradesh against a High Court order, which had stayed the SIT and constitution of a fact-finding committee into allegations of corruption against members of the previous government.
The issues before the court were whether a State had the power to appoint a committee to undertake a fact-finding exercise regarding allegations of corruption by various members of the previous government when in office, and thereafter, constitute an SIT to carry out an investigation in relation to the same. The State government led by Chief Minister YS Jaganmohan Reddy had issued two government orders constituting the SIT and ordering a probe against the TDP leaders. However, the High Court has stayed the operation of both these GOs on the ground that they are vitiated by virtue of bias, since there exists political rivalry between the present government and the previous government. The executive does not have the power to review the actions of previous governments and conduct such an investigation. The head of the SIT had written to the State government in March 2020 stating that the matter had widespread ramifications, and therefore, was required to be handed over to a Central agency such as the Central Bureau of Investigation (CBI).
On Wednesday, the Supreme Court bench declared that investigations were allowed when public funds were wasted or misused and that stopping such investigations was not appropriate.
The Jagan Mohan Reddy-led government accused several TDP leaders of irregularities and insider trading in the Amaravathi lands. An SIT was formed to investigate the irregularities. It was alleged that several TDP leaders purchased lands at low prices before the area was designated as the capital.
After the area was declared as the capital region, the land prices increased, bringing crores of rupees to the TDP leaders. With the Supreme Court setting aside the High Court’s stay order, it remains to be seen how the State government will proceed, particularly with the Amaravathi land scam.
