Supreme Court Revives 13 ACB FIRs, Sets Aside AP HC Order
Apex court calls HC ruling a travesty, gives six months to file final report
Vijayawada: The Supreme Court on Thursday set aside an Andhra Pradesh High Court order that had quashed 13 FIRs registered by the Anti-Corruption Bureau (ACB) against former government officers, and directed that a final report be filed within six months.
While reviving the FIRs, the apex court directed the Andhra Pradesh government not to arrest the accused or take any coercive action against them, and asked the officials to cooperate with the investigation. It also barred the High Court from entertaining any further challenges to these FIRs on the same jurisdictional grounds.
A Division Bench comprising Justices M.M. Sundresh and Satish Chandra Sharma observed that the High Court’s approach amounted to a “travesty of justice” and held that FIRs could not be quashed on hyper-technical jurisdictional objections without clarifying which authority had the power to investigate.
“The approach of the High Court is nothing but a travesty of justice. If, on a hyper-technical ground, the FIRs are quashed, the High Court is duty-bound to lay down the law with respect to the jurisdiction that otherwise exists,” the Bench said.
The case has its origins in the 2014 bifurcation of the erstwhile Andhra Pradesh, which led to the creation of Telangana. A Government Order issued in 2003 had declared various ACB offices, including the Central Investigation Unit, as police stations with State-wide jurisdiction. After bifurcation, the ACB headquarters shifted from Hyderabad to Vijayawada, and between 2016 and 2020, several FIRs were registered by the Central Investigation Unit in Vijayawada.
The accused officials had challenged the FIRs before the Andhra Pradesh High Court, contending that no fresh notification had been issued after bifurcation declaring the Vijayawada ACB office a police station under Section 2(s) of the CrPC. Accepting the argument, Justice N. Harinath of the High Court quashed the FIRs, holding that a Government Order issued in 2022 clarifying the position could not be applied retrospectively.
The ACB Joint Director (Rayalaseema) challenged the High Court ruling before the Supreme Court. The apex court held that the 2003 Government Order continued to remain valid even after bifurcation and that no separate act of adoption was required. It noted that the High Court had erred by quashing the FIRs without identifying which authority would have jurisdiction, thereby leaving the investigation in limbo.
The officials named in the FIRs include Dayam Peda Ranga Rao, Mummana Rameswaram Rao, Gedela Ganeswara Rao and his family members Gedela Saritha and Gedela Rajasekhar, Billa Sanjeevaiah, G. Muni Venkata Narayana, Doddapaneni Venkaiah Naidu, Saragadam Venkata Rao, RSPD Diwakar, Karanam Venkata Ranga Sai Kumar, Pamu Panduranga Rao (deceased), Natta Krishna Murthy, Battu Hanumantha Rao and Rachuri Siva Rao.
