The
Telangana High Court has dismissed the ED cases against two IAS officers
Adityanath Das (IAS:1987:AP) and Bibhu Prasad Acharya (IAS:1983:AP). The cases
were related to Jagan’s disproportionate assets case. The court made it clear
that prior government permission (sanction for prosecution) was absolutely
necessary for prosecuting IAS officers. Finding
fault with the ED Court in taking up the case filed by ED without prior
permission from the government, the HC directed the special court to return the
case. The HC, however, granted opportunity to ED officials to register the case
again after taking permission from the government. Stating
there was a scope that the above order would have its impact on other ED cases
across the country, the ED counsel urged the Court to stay the implementation
of the above order for eight weeks. Following the plea by ED counsel, the Court
stayed implementation of its order for four weeks to facilitate the ED to
approach the Apex Court. Justice
B Siva Sankara Rao was passing this order in petitions filed separately by
Adityanath Das and Acharya, both were accused in the cases of land allotments
to Hetero and Arabindo and water allocation to India Cements episodes of
Jagan’s assets case. Both the officers challenged the decision of the trial
court in taking into cognizance for hearing without prior permission for
prosecution by the ED.
The
Telangana High Court has dismissed the ED cases against two IAS officers
Adityanath Das (IAS:1987:AP) and Bibhu Prasad Acharya (IAS:1983:AP). The cases
were related to Jagan’s disproportionate assets case. The court made it clear
that prior government permission (sanction for prosecution) was absolutely
necessary for prosecuting IAS officers.
Finding fault with the ED Court in taking up the case filed by ED without prior permission from the government, the HC directed the special court to return the case. The HC, however, granted opportunity to ED officials to register the case again after taking permission from the government.
Stating there was a scope that the above order would have its impact on other ED cases across the country, the ED counsel urged the Court to stay the implementation of the above order for eight weeks. Following the plea by ED counsel, the Court stayed implementation of its order for four weeks to facilitate the ED to approach the Apex Court.
Justice B Siva Sankara Rao was passing this order in petitions filed separately by Adityanath Das and Acharya, both were accused in the cases of land allotments to Hetero and Arabindo and water allocation to India Cements episodes of Jagan’s assets case. Both the officers challenged the decision of the trial court in taking into cognizance for hearing without prior permission for prosecution by the ED.