Thread by @barandbench

Supreme Court hears appeal by Andhra Pradesh government against an order of Andhra Pradesh High Court staying the probe into Amaravati land scam @ysjagan #SupremeCourt

Sr Adv AM Singhvi: I am the state and prior notification was given. Each of the actions is approved by the cabinet and cabinet sub committee. #AmravatiLandScam

Singhvi: The SIT created comprised of a diverse and broad based panel. Then SIT was constituted as a police station.

#AmravatiLandScam

Singhvi: Then even the request to be transferred to CBI was accepted and that shows the extreme of having no bias. The entire case is false from the beginning.
#AmravatiLandScam

Singhvi: The state has filed no FIR. We have said let CBI take a call. But can state be denuded power to constitute a fact finding committee

Justice MR Shah: but there were FIRs by State of AP CID

Sr Adv AM Singhvi cites a constitution bench judgment delivered by Justice Shah

Singhvi: My lord you are today bound by your own judgment

Justice Shah: we may not also (smiles)

#AmravatiLandScam

Singhvi: what is challenged is a circular and circular is an executive power of the state and that is because the state felt there is some irregularity and thus a fact finding committee set up. this area of setting it up is not occupied by anything in central or concurrent list

Singhvi: I ask myself a question... in a criminal investigation

Justice MR Shah: you can ask this question post lunch

#Supremecourt

Sr Adv Siddharth Dave argues.

Dave: "It a case of regime revenge" after change of govt.

Justice Shah: Enquiry was with respect to wastage and misuse of money, correct? Suppose any transaction happens with malafide intentions, that also needs to be inquired into.

Dave reads from pleadings.

Dave: This is nothing but a roving and fishing enquiry. Here you are already seized with the subcommittee report.

#AmaravatiLandScam

Dave: use of the executive power was completely arbitrary, has vice of unreasonableness, does not say which cognisable offence is going to be investigated. SIT constituted for probe into particular offence.

#SupremeCourt

Justice Shah: without waiting for the enquiry report ...

Dave: I am submitting, please bear in mind, as far as this GO is concerned there is no offence to be probed. I understand preliminary enquiry by CBI but the police is ... Lordships are rising?

SC: Special Bench is there.

Dave: Will need to go through more judgments.

#SupremeCourt