Supreme Court - Daily Orders
P.Shanker Rao vs Govt. Of A.P. . on 4 May, 2017
Author: Chief Justice
Bench: Chief Justice, D.Y. Chandrachud, Sanjay Kishan Kaul
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.6802 OF 2017
(Arising out of SLP(C)No.23820 of 2013)
P.SHANKER RAO ......APPELLANT
VERSUS
GOVT. OF A.P. & ORS. .......RESPONDENTS
WITH
CIVIL APPEAL No.6803 OF 2017
(Arising out of SLP(C)No.23822 of 2013)
O R D E R
C.A.No.6802/2017 arising out of SLP(C)No.23820/2013
1. Leave granted.
2. The appellant has invited our attention to his credentials, which were depicted before the High Court, in paragraph 3 of the writ petition, preferred by the appellant before the High Court, the same is extracted below:
“3. I submit that I am a Doctor by profession. I was consultant panel doctor to various companies, and almost all the Public Sector Undertakings in and around Hyderabad and Ranga Reddy District. At the peak of my roaring practice in the year 1983 the Indian National Congress Party preferred my candidature for the Andhrah Pradesh Assembly. I worked as the Minister for Minor Irrigation in the Government of A.P. from the year 1992 to 1994 and till recently I worked as a Minister for Handlooms & Textiles, Small Scale Industries, Public Enterprises, etc. in the Government of A.P. from the year December 2010 to 18th January, 2012. I Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2017.05.12 17:17:33 TLT have been elected as a Member of Legislative Assembly of A.P. as on 5th January, 1983 from the Reason: Shadnagar Assembly Constituency. And except for one term for the last 28 years I am representing as M.L.A. to the A.P.State Assembly. From the 2 month of May 2009 I am representing the Secunderabad Cantonment Segment as M.L.A. to the A.P. State Assembly. Earlier, I filed several public interest litigations before this Hon'ble Court to protect the public interests and to save the public exchequer particularly to protect the interest of people of the State as a whole. It is most important and relevant to point out that recently I have filed a very important public interest litigation before the Hon'ble High Court pertaining to save the loot of public exchequer by the elected representatives by using their close relatives in power in conspiracy with the bureaucrats, etc. The Hon'ble High Court, the Division Bench headed by the Hon'ble Chief Justice of A.P. was pleased to take my letter as taken up case in the case of Mr.Y.S.Jagan Mohan Reddy, M.P. son of Dr.Y.S.Rajasekhar Reddy, Ex-Chief Minister of A.P. and other 52 Shell companies. And after hot contest with elaborate arguments, the Hon'ble High Court of A.P. on 20th August, 2011 was pleased to order investigation by C.B.I., by registering a criminal case against the listed persons in my letter dated October, 2010 taken up as W.P.No.794 of 2011. Similarly, on my letter dated 24.11.2010 this Hon'ble Court pleased to taken (sic) up a case against M/s EMMAR Properties, a multi-national company for their illegal activities looting public exchequer in connivance with the bureaucrats and the persons in power. In this case also, the Hon'ble Division Bench headed by the Hon'ble Chief Justice of A.P. vide his orders dated 20th August, 2011 in W.P.No.29358 of 2010 was pleaded to order for an investigation by C.B.I., by registering a case against all those involved in M/s EMMAR Properties scam.”
3. In view of the aforestated credentials of the appellant, it is submitted, that the High Court should not have required the appellant to make a pre-deposit to furnish security. We find merit in the submissions advanced by the learned counsel for the appellant. In view of the above, we hereby set aside the impugned order dated 25.02.2013 to the extent, that the appellant has been required to deposit security.
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4. In view of the above, the claim of the appellant shall now be considered by the High Court, on its own merits, and in case the High Court arrives at the conclusion, that the appellant misused its jurisdiction for a frivolous cause, it shall be open to the High Court to impose such costs on the appellant, as it may consider appropriate, in the facts and circumstances of the case.
The appeal is disposed of, in the above terms. C.A.No.6803/2017 arising out of SLP(C)No.23822/2013
5. We have heard learned counsel for the appellant.
6. Leave granted.
7. We are satisfied, that the claim of the appellant deserves to be accepted, and the consequences recorded by the High Court in paragraph 17 of the judgment deserve to be set aside in terms of the order passed by us in C.A.No.6802/2017 arising out of SLP(C)No.23820/2013 (P.Shanker Rao vs. Govt. of A.P. & Ors.). The same are accordingly set aside.
7. The instant appeal is disposed of, in the above terms.
.........................CJI.
(JAGDISH SINGH KHEHAR) ..........................J. (Dr.D.Y.CHANDRACHUD) ….........................J. (SANJAY KISHAN KAUL) NEW DELHI;
MAY 4, 2017.
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ITEM NO.20 COURT NO.1 SECTION XIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).23820/2013 (Arising out of impugned final judgment and order dated 25/02/2013 in PIL No.124/2012 passed by the High Court of A.P. at Hyderabad) P.SHANKER RAO Petitioner(s) VERSUS GOVT. OF A.P. & ORS. Respondent(s) (With interim relief and office report) WITH SLP(C) No.23822/2013 (With Interim Relief and Office Report) Date : 04/05/2017 These petitions were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Shishir Pinaki, Adv.
Mr.Rajiv Kr.Sinha, Adv.
For Respondent(s) Mr.Rana Mukherjee, Sr.Adv.
Ms.Daisy Hannah, Adv.
Mr. Shekhar Kumar, Adv.
Mr.G.Seshagiri Rao, Adv.
Mr. Anis Ahmed Khan, Adv.
Mr. Guntur Prabhakar, Adv.
Ms.Prerna Singh, Adv.
Mr.S.Udaya Kumar Sagar, Adv.
Ms.Swati Bhardwaj, Adv.
For M/s. Lawyer S Knit & Co., Adv.
Upon hearing the counsel the Court made the following O R D E R C.A.No.6802/2017 arising out of SLP(C)No.23820/2013 Leave granted.
The appeal is disposed of, in terms of the signed order.5
C.A.No.6803/2017 arising out of SLP(C)No.23822/2013 Leave granted.
The appeal is disposed of, in terms of the signed order.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)