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Withdrawal of cases against Ministers, MLA HC asks AP to file counter
The High Court at Hyderabad directed the Andhra Pradesh State government to file a detailed counter affidavit in the public interest litigation case filed seeking cancellation of G.Os issued by it on various dates withdrawing several criminal cases against TDP Ministers and MLAs and other leaders. It took on record the undertaking given by the AP Advocate General, stating that the Public Prosecuto
The High Court at Hyderabad directed the Andhra Pradesh State government to file a detailed counter affidavit in the public interest litigation case filed seeking cancellation of G.Os issued by it on various dates withdrawing several criminal cases against TDP Ministers and MLAs and other leaders. It took on record the undertaking given by the AP Advocate General, stating that the Public Prosecutors would seek adjournments in lower courts when these cases came up for hearing till the matter is decided by the High Court.
The division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice J Uma Devi gave these directions on Tuesday, while hearing the PIL filed by YSRCP MLA A Ramakrishna Reddy on this issue. During the hearing, the bench had directed the petitioner to submit in a tabular form giving details about the number of cases pending, the grave offences like murder and rape, etc. being faced by these leaders and the relevant G.Os, withdrawing those cases. The counsel for the petitioner Ponnavolu Sudhakar Reddy submitted the list. He argued that the State government had no authority to withdraw the cases. It is only the Public Prosecutor, based on the investigation findings, can seek withdrawal. The Public Prosecutors cannot act on the orders of the government.
AP Advocate General Dammalapati Srinivas contended that the petition was politically motivated and said the petitioner can either approach the lower courts or challenge the withdrawals in the High Court by way of revision petitions. He also cited a Supreme Court judgment to contend that the State government has the power to withdraw the cases.
The bench countered the AG by saying that the petitioner may have political rivalry with the government, but that is immaterial, and if need be he will be kept aside and we may take it up suo moto, the bench said. It pointed out that the charges against the leaders are grave and this case must be heard. It directed the AG to file the counter affidavit and adjourned the case by three weeks.
