Vijayamma’s petition against Naidu rejected
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HYDERABAD: The AP High Court on Thursday dismissed the petition filed by Y S Vijayamma, the widow of late chief minister Y S Rajasekhara Reddy, seeking a CBI probe into the assets of former chief minister N Chandrababu Naidu and his associates.
The bench comprising Justice G Rohini and Justice Asuthosh Mohanta nullified the order of another division bench of the court that ordered a CBI probe. "The petition of the YSR Congress leader cannot be treated as a public interest litigation (PIL)," the bench said.
The bench held that Vijayamma's petition appeared to be in retaliation to the earlier petition by Congress and TDP leaders that resulted in a CBI probe into the assets of YS Jaganmohan Reddy, the son of the petitioner. It also said that YSR too had filed several petitions against Naidu with the same allegations and could not succeed.
Filing a petition now seeking a probe into Naidu's 1995-2004 regime without explaining the reasons was abuse of the judicial process, the bench said. "The petition was filed to settle political scores. It does not possess any elements to be qualified as a PIL," the bench said. Referring to the order of the first bench, the judges said it did not follow the principles of natural justice like notifying the respondents, hearing their version, etc., before ordering a CBI probe in November 2011.
Some of Naidu's associates had challenged the order of the first bench in Supreme Court. The apex court did not interfere with the order but directed the HC to hear the respondents and decide the case.
However, there were several twists and turns when the matter reached the first bench. First came the practice of `Not Before Me' between judges and lawyers. The bench could not hear the matter. It came up before a bench headed by Chief Justice Madan B Lokur and later before Justice Eswaraiah, both of whom recused from the hearing due to links with the case.
It was finally posted before a bench headed by Justice Rohini bench when Vijayamma's counsel expressed apprehensions about her, citing three earlier judicial orders that went in favour of Naidu. However, hearing the case, Justice Rohini bench had stayed the CBI probe and reserved its final judgment which was finally passed on Thursday.
Vijayamma, the bench noted while dismissing the plea, did not launch even a police complaint against Naidu and hence cannot claim that the authorities had failed in acting against her complaints.
The bench comprising Justice G Rohini and Justice Asuthosh Mohanta nullified the order of another division bench of the court that ordered a CBI probe. "The petition of the YSR Congress leader cannot be treated as a public interest litigation (PIL)," the bench said.
The bench held that Vijayamma's petition appeared to be in retaliation to the earlier petition by Congress and TDP leaders that resulted in a CBI probe into the assets of YS Jaganmohan Reddy, the son of the petitioner. It also said that YSR too had filed several petitions against Naidu with the same allegations and could not succeed.
Filing a petition now seeking a probe into Naidu's 1995-2004 regime without explaining the reasons was abuse of the judicial process, the bench said. "The petition was filed to settle political scores. It does not possess any elements to be qualified as a PIL," the bench said. Referring to the order of the first bench, the judges said it did not follow the principles of natural justice like notifying the respondents, hearing their version, etc., before ordering a CBI probe in November 2011.
Some of Naidu's associates had challenged the order of the first bench in Supreme Court. The apex court did not interfere with the order but directed the HC to hear the respondents and decide the case.
However, there were several twists and turns when the matter reached the first bench. First came the practice of `Not Before Me' between judges and lawyers. The bench could not hear the matter. It came up before a bench headed by Chief Justice Madan B Lokur and later before Justice Eswaraiah, both of whom recused from the hearing due to links with the case.
It was finally posted before a bench headed by Justice Rohini bench when Vijayamma's counsel expressed apprehensions about her, citing three earlier judicial orders that went in favour of Naidu. However, hearing the case, Justice Rohini bench had stayed the CBI probe and reserved its final judgment which was finally passed on Thursday.
Vijayamma, the bench noted while dismissing the plea, did not launch even a police complaint against Naidu and hence cannot claim that the authorities had failed in acting against her complaints.
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