Misinterpretation of Government Orders: High Court to Decide on Merits

issued on 26.06.2019, the State Government appointed a Cabinet Sub- Committee to examine the allegations of corruption against members of the erstwhile Government. Accordingly, vide letter dated 23.03.2020 the State Government requested the Central Government to refer the matter to the CBI. Niranjan Reddy, learned Senior Advocate appearing on behalf of the State of Andhra Pradesh has submitted that High Court has stayed the further proceedings of the respective G.Os mainly on the following grounds: “1. It is submitted that the High Court has not properly appreciated the fact that the question was not whether the policies of the previous Government ought to be continued.

Also Read: https://newslaw.in/case-type/criminal/attempt-to-avoid-court-bench-a-critique-of-petitioners-strategy/


It is submitted that the High Court has not properly appreciated that the respective G.Os were issued by the State Government in exercise of its executive powers and as such were not to review the earlier decisions taken by the previous Government.


Also Read: https://newslaw.in/case-type/criminal/analysis-of-bail-granting-criteria-in-criminal-cases/

It is submitted by Shri Siddharth Dave learned Senior Advocate appearing on behalf of the original writ petitioners that as such the present appeals are against the interim order/stay granted by the High Court and the main writ petitions are yet to be considered, decided and disposed of by the High Court. 1 Learned Senior Advocate appearing on behalf of the State is justified in submitting that the High Court has misinterpreted and/or misconstrued the aforesaid two G.Os and treated and/or considered the same as overturning the decisions of the previous Government.

The fact that the first petitioner (now appellant) had made a request to the Central Government vide letter dated 23.03.2020 to refer the matter to the CBI followed by the consent given on 13.07.2020 has not been taken into consideration.

Perhaps, the respondents/writ petitioners themselves could have made Union of India as a party to the writ petitions as the decision on the letter of the petitioner (now appellant) dated 23.03.2020 would have a bearing on the lis before the High Court.

The High Court is expected to decide and dispose of the writ petitions on merits and in accordance with law, without being influenced by any of the observations made in our order.

Also Read: https://newslaw.in/supreme-court/supreme-court-upholds-high-court-judgement-on-quashing-of-criminal-proceedings-for-fir-195-of-2014/

No order as to costs.


Case Number: C.A. No.-008540-008541 / 2022

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