Thread by @barandbench

Supreme Court to shortly hear a plea by Andhra Pradesh government challenging the AP High Court order staying the Government Orders (GOs) pertaining to the constitution of a special investigation team (SIT) to probe the alleged Amaravati land scam

#AmravatiLandScam
#SupremeCourt

Senior Adv Dushyant Dave: this is a drastic interim order staying the entire investigation. The decision of cabinet on June is there and entire process is transparent and just. All steps taken cautiously.

Dave: The cabinet sub committee was asked for a report. This was done for transparency. After June, a report was given by the sub committee in December 2019. Its not filed today.

Dave: Govt thereafter constituted a SIT to probe this several financial, legal and technical irregularity. This SIT was supposed to be the nodal point of probing this scam. For 75 years this Court has said that HC cannot interfere in investigations at such a stage

Dave: unless you are personally affected by the action of the state a writ is not maintainable. This is what always have been held by this Court.

Dave: however wrong the previous government might have done, that should go unchecked? Constitution bench judgments run contrary to this. SIT was supposed to probe this. What natural justice has been served here? Plea is bereft of any detail by a man with no locus

Dave: Could this plea be entertained at all? State even wrote to Centre in March that let be there a CBI probe so that no question on transparency is raised.

SC: did you hear back?

Dave: there has been no response from them till date

Adv Mahfooz Nazki: two intervention applications were filed in the HC seeking a CBI and ED probe but by a separate order it was not allowed.

Dave: There was question raised earlier also that action taken by one government cannot be questioned by the successive government. But it was allowed. HC interdict something at this stage.

SC: You are correct

Dave reads verdicts to prove how courts should refrain to interfere in a premature stage of investigation. "This demoralises the probe."
HC does not have extra ordinary power and is bound by Supreme Court judgments.

Dave: The SIT shoes fairness on part of the government as it does not want to rush into filing FIRs. They wanted probe and then file FIR.

Dave: no facts, no material or disputed question of facts has been cited in the HC order..kindly issue notice and make it returnable.

Senior Adv Shekhar Naphade appears for State of AP.

Supreme Court issues notice on the SLP as well as the interim relief prayed for. Respondent may also file counter affidavit and liberty to file additional documents.

Next hearing to dispose off the matter after 4 weeks

Supreme Court issues notice in plea challenging Andhra Pradesh stay on probe into Amaravati land irregularities

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