VIJAYAWADA: The Andhra Pradesh High Court on Wednesday stayed Government Orders (GOs) pertaining to the constitution of a special investigation team (SIT) to probe the alleged Amaravati land scam. It also rejected the additional affidavits filed by the State government urging it to make the Central government and the Enforcement Directorate (ED) respondents.
Justice Somayajulu issued the interim orders on a petition filed by TDP leaders Varla Ramaiah and Alapati Rajendraprasad requesting the court to declare as invalid GOs 1411 and 344 under which the government formed a Cabinet Sub-Committee and the SIT to go into irregularities committed during the erstwhile TDP regime and probe the Amaravati land scam.
There is no basis for constituting the Cabinet Sub-Committee and the SIT, the court said, adding that there was scope for a government to review its predecessor’s decisions only in certain contexts. No strong reason is available for such review, it ruled and opined that if previous government’s decisions were to be reviewed, the present dispensation ought to have legislative approval. A government cannot on its own do so and no law has conferred such powers on the State government, it said.
“Only courts have the power to review unilateral, irrational or illegal policy decisions taken by a government,” the court said and pointed out that in this particular case, there were policy-related shortcomings such as taking up investigation before registering a case and seeking constitution of a special court.
Only court, not govt, can review policy decisions, asserts HC
Remarking that there was no progress in investigation though ample time was taken, the AP High Court said, “Only courts have the power to review unilateral, irrational or illegal policy decisions taken by a government,” and pointed out that in this particular case, there were policy related shortcomings such as taking up investigation before registering a case and seeking constitution of a special court