P SHANKAR RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) WRIT Petition No.794 of 2011 A Member of the Legislative Assembly (MLA) Secunderabad Cantonment (SC) Constituency, Andhra Pradesh, alleging misappropriation of public property against Late Dr. Y. S. Rajasekhara Reddy, Chief Minister of Andhra Pradesh and beneficiaries thereof through transfer, lease, licenses grants etc., sought the indulgence of the Chief Justice, High Court of Andhra Pradesh for registration of a crime which evoked the response of the then Acting Chief Justice of this Court on 22-11-2010, directing the Registrar (Judicial) of this Court to register the letter as a "Taken-up case" and was numbered as WRIT Petition No.29358 of 2010.

(2.) DURING pendency of the above said "Taken-up Writ Petition No.29358 of 2010", another letter was filed before the Registrar (Judicial) by the same MLA for taking on record the documents accompanying therewith. The letter along with annexures was posted by the Registrar (Judicial) before the 5th Division Bench, being seized of "Taken-up Writ Petition No.29358 of 2010" and the Division Bench passed the following order:

(3.) IN the letter and the additional material, the petitioner furnishes information as to the manner in which thousands of crores of kickbacks were paid to the family of the then Chief Minister. IN substance, it is averred that respondent No.52 and his family defrauded the public exchequer under the clout of the then Chief Minister and managed transfer of public properties and permissions, leases and licenses favouring various companies at throw-away prices in lieu of thousands of crores of kickbacks, paid by the individuals and corporates to respondent No.52 which was routed through the investments made in his (respondent No.52) companies and businesses, and it is in furtherance of the said purpose that investments in power companies, print and television media and other businesses of the said respondent (No.52) were made and the value of the shares in such companies grew at a premium rate of over 100 times apparently over and above the value of the share. It is also averred that the beneficiaries of the official favours from the late Chief Minister resorted even to money laundering by adopting Hawala routes through tax haven countries such as Mauritius and these monies are brought into the companies and businesses of respondent No.52 at huge premium, though the track record and business assets of companies of respondent No.52 had hardly any achievements, assets to its credit or business on hand. It is also stated that apart from money laundering, as above, huge cash consideration received as kickbacks were brought in as investments by non-descript companies said to have been located in different parts of INdia which have hardly any business, income or means to support such huge investment, and favours to individuals and companies by the former Chief Minister are said to be traceable and linked to the phenomenal growth of the companies and businesses of respondent No.52 resulting from a huge corruption by respondent 52, his father and his family which requires thorough probe into each transaction by a central investigating agency, therefore, petitioner seeks a writ for investigation by the Central Bureau of INvestigation (CBI).