A bench headed by Justice Ashok Bhushan and comprising Justices M R Shah and R Subhash Reddy issued notice on the plea seeking revival of the SIT probe and posted the matter for further hearing after four weeks.
Senior advocate Dushyant Dave, representing the Andhra Pradesh government, submitted before the bench that the High Court is also bound by the laws declared by the Supreme Court and it does not have extraordinary powers to pass any order it likes. He added that the High Court prohibited a probe and even registration of a case in this matter. Dave said "Can this be allowed? Is this how a High Court can function?"
Dave argued that the state government has been completely fair and has written to the Centre seeking a CBI probe in the matter. "What more can a state do to show its bonafides? But the High Court passes an extensively wide order," submitted Dave, urging the top court to issue notices on the appeal against the interim order. He added that the Centre is yet to respond to the letter seeking a CBI probe.
The bench asked Dave if the Jagan Mohan Reddy government has decided to review all decisions of the previous TDP government. Dave replied, "Not at all, only those cases where gross irregularities were found."
The top court issued notice to TDP leader Varla Ramiah on an appeal by the Andhra government challenging the High Court stay of its orders to constitute a Cabinet sub-committee to scrutinize TDP regime policies/programmes and also to form a Special Investigation Team to enquire into alleged irregularities.
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