Thread by @barandbench

(Amravati land scam gag order)

Supreme Court to hear appeal by Andhra Pradesh govt assailing the gag order passed by the Andhra Pradesh HC in relation to an FIR registered against a former Advocate General & probe into the #AmravatiLandScamCase

#SupremeCourt
@ysjagan

High Court had stayed the investigation in relation to the Amravati land scam case, in which the FIR registered by the State’s Anti Corruption Bureau named daughters of a sitting Supreme Court judge.

The Jagan Mohan Reddy government has mounted a challenge against this order, primarily stating that the order came to be passed in relation to an FIR which itself was not questioned.
@ysjagan
@YSRCParty
#amravatilandscam

Dr Rajeev Dhavan appears for the State of AP: letter of March 23 was sent to CBI was sent by the state government. Entire HC order is based on this letter. Media was stopped by this order.

Senior Adv Dhavan: Can a March 23 letter be the basis of the ancillary reliefs being granted? This is a writ alleging political malafide. After the gag order a lot of IAs was filed saying there should be no publicity etc.

Dhavan: I ask myself is this an anticipatory bail? The probe was also stayed. News regarding registration of FIR was ordered not to be made public.

Dhavan: there are 13 people in the FIR. The plea is not that don't investigate the FIR but just not to probe against one member. Now let me submit whether its a case of political malafide or not.

Dhavan: Scandal was Amravati had to be made the capital. State had no money. It was stated that if farmers give lands then farmers will get something in the new capital. This information was made available in June 2014. Lot of farmers sold their lands and scam was around this

Dhavan: After the YSR Reddy came to power in June 2019 a cabinet subcommittee was constituted to examine this #AmravatiLandScamCase
In Feb 2020 a special SIT was set up. On March 23, this letter was challenged. This was a knee jerk reaction. A letter was sent to Centre too.

Dhavan: An order was passed to conduct an enquiry on Sept 8. The date of petition is Sept 15. As soon as enquiry was ordered this writ was filed and it was decided on the same day.

SC: Only interim order was passed. Not decided finally

Dhavan: question is can this be passed

Dhavan: There was no coercion here. What is so extra ordinarily special that such an order has to be passed?

Dhavan: Now let us see if there is malafide in this. Relief was granted after it was contended that "govt was running state in utter disregard of the constitution." Is that a reason for relief in a criminal case?

Dhavan: your lordship has ruled that FIR in any case is a public document.

Dhavan: This is an entire political writ petition against the Chief Minister @ysjagan Plea is based not on facts but reliable sources which too are not revealed.

Dhavan: Complaint was written on Sept 5 and recieved on Sept 7. This writ was filed as a counter on Sept 15.

Dhavan: Should such a complaint be investigated at all or not? Are the allegations of mala fide true that he was just targeted for being an AG appearing for the CM. I have not come across such a complaint not disclosing any commission of offence.

Dhavan: Was there any racketeering take place or a series of transactions? Is there something which needs to be investigated? This writ was heard at 6.30 pm for the sake of urgency?

Justice Bhushan: we are satisfied that matter needs consideration. We will issue notice.

Dhavan: I am seeking an interim order, My Lord

SC: we will look into that too

Senior Adv Mukul Rohatgi: This letter against the AG was forwarded to CBI as he appeared in 25 corruption cases which had been levelled against the Chief Minister. I had urged the HC to hear it immediately as it tarnished reputation of a lawyer with standing of 30 years

Rohatgi: Its two and half months and we have no hesitation to the matter heard. When Airport comes up there are suits filed and this is a Airport. My client is targeted because he was appearing for the CM. This case reeks of malafide.

Rohatgi: this is worse than emergency. CBI did not do anything. My reputation is being damaged.

Senior Advocate Harish Salve: this is a vote of no confidence against the HC. No reply was filed in the HC stating SLP has been filed in the Supreme Court. If the order was so wrong they should have urged the HC to vacate the order. CM now makes allegations against Chief Justice

Salve: The court must not excercise jurisdiction under Article 136. The HC can deal with this. Now secondly this case mostly is about "regime revenge" as Mr Dhavan coined the phrase.

Salve: HC knows whats happening in the state. This former AG in his writ has pointed out where all he had appeared against the current CM @YSRCParty @ysjagan The former AG has clearly averred this.

Salve: The former AG has contended that this is because of which he was targeted. He has pointed out the number of cases he had argued against YSR Reddy.

Salve: You think whatever trump card you have against someone you throw it on their face. Just because you are angry with him you are targeting him. On this basis if HC gives 4 weeks time to file reply the will heavens fall if reply is filed there

Dr Dhavan: We have nothing against the court. I have no doubt that on Sept 15 forensic powers were used and the case was heard in the evening. We were heard but Mr Rohatgi has not discussed anywhere what commission has been committed?

Dr Dhavan: It is being said this is regime revenge. It was used by me when I was defending former Tamil Nadu CM J Jayalalithaa in 1996-1997. Such revenge takes place but does this mean the next govt cannot take up an investigation when there is a criminal case with offence ?

Dr Dhavan: according to Mr Salve this is a case of malicious prosecution but as a former law officer he would know what this case entails. Here names of vendors and vendees are there which connects and links it to the accused. No one denies this chain

Dr Dhavan: now it is being said that go back to HC. For what they are happy with the HC order and what can it proceed with no investigation and no media involvement. Gist is there is no disclosure of offence. Was it knee jerk reaction- No. CBI was requested too.

Dhavan: CBI did not reject the request. They never replied. Such HC orders cannot be passed.

SC: ok we got it

Dhavan: give me a few more minutes.

Dhavan: Everything I have said is supported by the judgments of this Court. In Prakash Nadar case it was stated ultimate test how probe should not be scuttled at the threat of inking the opposition. This writ was filed in anticipation of an FIR

Senior Adv Dhavan refers to the Lalita Kumari judgment of the top court.

Supreme Court stays the gag order directed by AP HC. All other orders remain in force. Notices issued to to ex Adv Gen, DGP, DG (ACB). No notice to @ysjagan

#SupremeCourt

[BREAKING] Amravati Land Scam case: Supreme Court stays gag order passed by Andhra Pradesh High Court, issues notice amid allegations of "regime revenge"

@ysjagan #AmravatiLandScam #SupremeCourt

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