Chandrababu Naidu's Plea Against FIR & Remand : Andhra Pradesh High Court Reserves Verdict [Live Updates]
Rohatgi: Court needs to follow the guidelines. Let the investigation be complete. And let the investigation authority submit a report. The court is not required to go into merits.
Rohatgi: State has been fair. They did not add the accused back in 2021 to stop the issue from becoming political. Only when they had enough material, his name was added.
Rohatgi: His only case is that I was Chief Minister, hence issue is political.
Rohatgi: Court needs to follow the guidelines. Let the investigation be complete. And let the investigation authority submit a report. The court is not required to go into merits.
Rohatgi: Criminal proceedings ought not to be scuttled at the initial stage. This is not even initial stage. Courts are barred from "usurping investigation"
Rohatgi: The investigation has just commenced. IT department is conducting enquiry, ED is conducting enquiry. The allegations should be taken on face value till end of investigation.
Rohatgi: Offence will clearly be made out, subject to further investigation. Court will not thwart the offence. Only when no cognizable offence is made out, in the RAREST OF RARE CASES, in the context of 482, has been introduced to streamline the abuse.
Rohatgi reads:
"when investigation by police is in progress, court shouldn't go into merits of allegations. Police must be permitted to complete investigation. It would be premature to pronounce conclusion based on hazy facts"
Rohatgi referring to Naidu's quashing plea: The Bible on 482 is Neeharika Infrastructure judgement
Rohatgi: There is a well oiled, deliberated scam which flows from the fountain head of the government.
Rohatgi cites Sambhoo Nath Misra case.
"It is not official duty to fabricate records and misappropriate funds."
Rohatgi: Sanction was taken in the year 2021, but it was not required, because the incident happened prior to the amendment