The Andhra Pradesh High Court on Monday directed the CID not to proceed with the investigation into the case filed against the State Election Commissioner Nimmagadda Ramesh Kumar.
Hearing the arguments of the counsels for Nimmagadda Ramesh Kumar and SEC assistant secretary Samba Murthy who filed two quash petitions, Justice Ramesh wondered who filed the criminal cases. “Who gave the permission to file criminal cases against the SEC,” the Justice questioned the government counsel.
Ramesh Kumar had filed a quash petition alleging interference in the independent functioning of SEC and appealed to the High Court to direct the state government to quash the FIR filed against by the CID. a petition, the SEC brought to the notice of the court that the Director-General of Police and the CID authorities had filed a false and frivolous case against him on April 21 at the behest of the ruling YSR Congress party.
He requested that the high court directs the Central government to order an inquiry through any Central agency, preferably the CBI, into the case filed against the SEC by the CID.
Ramesh Kumar also wanted the court to stop the state government, the DGP and the CID authorities from interfering with the functioning of the election commission, thereby stifling its autonomy guaranteed under Article 243 K of the Constitution of India, as being illegal, manifestly arbitrary and in contravention of the spirit of Article 243K of the Constitution. The government counsel argued that the SEC cannot speak about his independence in the light of the private meeting he had had in a hotel in Hyderabad with political leaders.
Justice Ramesh enquired whether any permission was required to prosecute the State Election Commissioner. The single bench judge directed the respondents not to proceed further with the investigation and posted the matter to next week asking the respondent to file the counter.