Summary
The Court vacated the interim stay of Andhra Pradesh’s orders constituting a Cabinet Sub-Committee and SIT to examine alleged corruption of the previous government. It also directed impleadment of the Union of India, whose response to the State’s CBI request would bear on the dispute. The validity of the government orders remained for the High Court’s final decision.
Issues
- Whether an interim stay was warranted at the nascent stage of the proposed inquiry.
- Whether the Union of India should be joined given the pending CBI request.
Held
- Prima facie, the High Court had misconstrued an inquiry into alleged corruption and misfeasance as overturning or reviewing the previous government’s decisions. Other issues, including the terms of reference and legal objections, remained for adjudication in the pending writ petitions. (¶ 5-5.2)
- The broad interim stay was unwarranted at this premature stage, particularly while the Central Government had yet to decide the State’s request and consent for a CBI investigation. Pleadings should have been completed and the writ petitions decided after hearing the parties. (¶¶ 5.2, 5.3)
- The Union of India was a proper and necessary party because its decision on the investigation request would bear on the dispute. Its impleadment was directed; the Court did not issue a corresponding operative direction adding the Enforcement Directorate. (¶¶ 5.4, 6)
- The interim and impleadment orders were set aside without deciding the merits. The High Court was to decide independently according to law and endeavour to dispose of the writ petitions within three months of receiving the judgment. (¶¶ 6, 7)
Result
Appeals allowed without costs. Interim stay and challenged impleadment order set aside; Union of India directed to be added. Writ-petition merits left open for independent High Court determination.