By S A Ishaqui
Hyderabad, April 30 : The AP High Court on Monday granted respite to roads and buildings minister Dharmana Prasad Rao by suspending an order of the special court for CBI cases which took cognisance of the corruption charges against him without sanction from the government.
The judge said that the investigating agency has to take government sanction to prosecute the petitioner.
The CBI had filed a chargesheet on August 13 last year naming the minister as Accused No. 5 in the illegal investments case of Y.S. Jagan Mohan Reddy.
Mr Prasada Rao was accused of allotting land to the Vanpic project by flouting norms. The CBI court had passed an order on September 13 last, ruling that sanction from the government was necessary before taking cognisance of offences under the Prevention of Corruption Act against the minister.
But the same court modified its order on January 21 this year, following a memo moved by the CBI contending that sanction from the state government was not necessary to prosecute the minister.
CBI may need state nod to quiz Dharmana now
Roads and buildings minister Dharmana Prasad Rao moved a criminal revision petition before the HC contending that the special CBI court had no power to review its own order.
Justice B. Seshasayana Reddy allowed the plea of the minister by finding that the special court has no power to review its earlier order under Section 362 of the Criminal Procedure Code.
The judge ruled that “once the order, may be a judgement or a final order, was signed by the court while disposing of a case, it becomes functus officio (having discharged its duty). The order passed by the lower court on January 21, 2013 cannot be sustained in law.”
The judge said that the order passed by the special court on September 13, was valid and the investigating agency has to take government sanction to prosecute the petitioner.
The CBI must now either again request the government for sanction to prosecute Mr Prasada Rao or again move the HC against the order.
The CBI has filed a chargesheet against Ms Sabita Indra Reddy, home minister, on April 8, citing her as accused No 4 in the illegal investments case.
The CBI charged her with allotting limestone mines in contravention of the rules when she was mines and geology minister in the Y.S. Rajasekhar Reddy regime.
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