SC issues notice to Andhra CM Jagan, CBI on plea seeking cancellation of his bail in DA case
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A bench comprising justices Abhay S Oka and Pankaj Mithal sought a response from Reddy and the CBI on a special leave petition filed by YSR Congress MP Raghu Ramkrishna Raju. The bench also sought his response on a plea questioning permanent exemption granted to him from appearance during the trial.
Raju, represented by advocates Balaji Srinivasan, Rohan Dewan and Sri Venkatesh Siddani, challenged the validity of Telangana High Court's orders of August 26, 2022 and October 28, 2022.
The plea contended the High Court's order goes against principles governing grant of exemption to accused in criminal trials that each exemption is required to be specifically reasoned and justified. The plea also challenged the validity of the High Court’s order passed on October 28, 2022, rejecting the plea for cancellation of bail, contending the order was passed mechanically without appreciating that the accused had breached his bail conditions by never appearing in the criminal trials.
The apex court tagged this plea along with a pending petition seeking the transfer of the trial in the case outside Hyderabad, preferably to Delhi.
On November 3, the Supreme Court sought a response from the CBI and Andhra Pradesh Chief Minister (CM) YS Jagan Mohan Reddy on a plea seeking the transfer of the trial in the disproportionate assets case against the CM outside Hyderabad, preferably to Delhi.
The top court had also asked the CBI to explain why the trial was getting delayed. This petition was also filed by YSR Congress MP Raghu Ramkrishna Raju.
The plea had said the petitioner's conscience is shaken by the manner in which state machinery (Central Bureau of Investigation) is being manipulated (to the point of apathy by the state machinery) to suit the sitting Chief Minister of Andhra Pradesh after having illegally and unjustly enriched himself (and various companies floated by him) to the tune of Rs 40,000 crore rupees (and necessarily, having caused loss to that extent to the public exchequer).
The plea contended that the chief minister has ensured that the criminal trials against him remain dormant and no fruitful steps are taken against him. “Shockingly, the State Machinery (represented by the Respondent No.1/Central Bureau of Investigation) have been more than happy to be silent spectators to this abuse of the processes of the Hon'ble Courts (turning the criminal trials into 'friendly matches' between accused and prosecution),” it said.
The plea claimed that since May 14, 2014, when late YS Rajasekhara Reddy was sworn in as chief minister of AP, he along with his son Jagan Mohan had adopted an ingenious modus operandi to amass illegal wealth by abusing public office held by the then CM, father of Jagan Mohan Reddy, causing losses to the public exchequer.
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