The Supreme Court on Thursday delivered a sharp rebuke to the Andhra Pradesh High Court for quashing multiple FIRs in corruption cases, terming its approach a “travesty of justice” and setting aside the impugned order. The top court also restrained the High Court from entertaining any further petitions challenging the FIRs or investigations in these matters.
A bench of Justices M M Sundresh and Satish Chandra Sharma allowed a batch of appeals filed by the Andhra Pradesh Anti-Corruption Bureau (ACB) and others, challenging the High Court’s August 2023 verdict that had nullified FIRs registered between 2016 and 2020 by the ACB’s Central Investigation Unit in Vijayawada.
The FIRs related to offences under the Prevention of Corruption Act were quashed by the High Court solely on the ground that the Vijayawada ACB office was not officially notified as a “police station” under Section 2(s) of the Code of Criminal Procedure, 1973 (CrPC).
The High Court had held that in the absence of such a notification in the official gazette, the FIRs were without jurisdiction. As a result, investigations were halted at the threshold in some cases, and criminal proceedings were terminated in others.
The Supreme Court strongly criticised the High Court’s reasoning, observing:
“In our considered view, the approach of the High Court is nothing but a travesty of justice. If, on a hyper-technical ground, the FIRs are quashed, the High Court is duty-bound to lay down the law with respect to the jurisdiction that otherwise exists.”
The apex court ruled that the requirement of publication of a notification under Section 2(s) must be understood in substance and spirit, and not limited to form.
Referring to a 2022 government order that declared the office of the Joint Director, Central Investigation Unit of ACB, Vijayawada, as a police station with jurisdiction over the entire state, the bench rejected the High Court’s conclusion that such clarification could not apply retrospectively.
“The finding that the subsequent clarificatory government order of 2022 will not affect the FIRs registered is totally untenable and against the basic canons of law,” the court said.
“When a government order is issued by way of a clarification, there is no question of any retrospective application.”
The court added:
“The High Court took undue pains to ensure that the FIRs are quashed.”
Concluding its judgment, the Supreme Court categorically stated:
“We have no hesitation in setting aside the impugned judgment… The High Court of Andhra Pradesh shall entertain no more challenges to the FIRs.”
- The ACB has been allowed to continue the investigation in the quashed cases.
- In cases where chargesheets have already been filed or will be filed, the respondents are free to challenge them on other legal grounds.
- For pending investigations, the court directed that no coercive action be taken by the ACB and expected the accused to extend full cooperation.
The ruling clears the path for the revival of corruption probes that had been blocked by the High Court’s decision, while affirming the procedural flexibility and investigative powers of anti-corruption authorities in the post-bifurcation administrative setup of Andhra Pradesh.
