HYDERABAD: A division bench of the AP High Court on Thursday quashed the Public Interest Litigation (PIL) filed by YSR Congress party’s Y S Vijayalakshmi seeking a CBI probe into TDP chief Chandrababu Naidu’s assets.In a move that brought a rare smile on Naidu’s face, the division bench comprising Justice G. Rohini and Justice Ashutosh Mohunta declared the PIL as unmaintainable noting that there was political rivalry between YSR Congress and TDP and the present writ petition was filed as a counter-attack to the investigation ordered against the petitioner’s son (Kadapa MP Jagan Mohan Reddy).“The admitted facts borne out of the record make it clear that the writ petition is not bonafide and that the approach of the petitioner is motivated to settle the political scores. Therefore, in our considered opinion, the writ petition cannot be maintained as a public interest litigation. It is not a case of failure of public duty. The petitioner has not exhausted statutory remedy. It is not similar to that of Shankar Rao’s case. The respondents were heard before passing the order,” the bench said.As soon as the court’s decision was out, the YSR Congress party announced that it would continue the legal battle against Naidu and move Supreme Court. On the other side, an elated Naidu said at the Assembly that the High Court direction had vindicated his stand and proved that he did nothing wrong while he was chief minister. He asserted that his battle against corruption would continue.Vijayamma had filed a PIL in the AP High Court on October 17 last year seeking a probe into the TDP president’s alleged misdeeds, including amassing disproportionate wealth and assets, granting of licences and allotment of lands during his nine-year rule.A division bench comprising Justice Ghulam Mohammed and Justice Nooty Ramamohana Rao, in its interim order on November 14, 2011, had ordered probe into Naidu’s alleged misdeeds and those of his alleged conduits including media baron Ramoji Rao, TDP MP Nama Nageswara Rao and others. Chandrababu Naidu had then filed a vacate petition in the court and another bench comprising Justices Rohini and Ashutosh Mohunta had stayed the interim order.The bench in its 55-page Thursday’s order said, “It is our conclusion that the petitioner’s prayer cannot be granted. This court cannot sit in judgement over whether investigations should be launched against politicians for alleged acts of corruption. If the Supreme Court gives direction for prosecution, it would cause serious prejudice to the accused, as the direction of this court may have far reaching persuasive effect on the Court which may ultimately try the accused. It is always open to the petitioners to approach the investigative agencies directly with the incriminating materials and it is for the agencies to decide on the further course of action.”The bench added, “In this particular case, the petitioners would be well advised to rely on the statutory remedies. It is only on the exhaustion of ordinary remedies that perhaps a proceeding can be brought before a writ court.”The division also said that the previous judicial order was in favour of respondent-8 (Chandrababu Naidu) and does not entitle the petitioner to attribute bias to the judges.
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