Rosaiah summoned in land scam case

Court asks TN guv to appear before it on Aug 2

Giving a jolt to the former Andhra Pradesh chief minister Konijeti Rosaiah, an Anti Corruption Bureau Court has now summoned the septuagenarian in connection with a Rs 300-crore land scam.

Rosaiah, who is presently serving as the Governor of Tamil Nadu, has been asked by the investigative agency to appear before the court on August 2, relating to the land grant made during his tenure from September 2009 to November 2010.

A case was registered against Rosaiah under Sections 409 (criminal breach of trust by public servant) ,13 (2) and 13 (1) (d) of the IPC under the Prevention of Corruption Act.

The bureau probed Rosaiah’s role in de-notifying over 9 acres of prime land at Ameerpet in Hyderabad, valued at around Rs 300 crore at current rates to a private individual.

Meanwhile, it will be interesting to see if the court can proceed with the case against the Constitutional head of a state, as Governor enjoys immunity over court proceedings. If Article 361(2) of the Indian Constitution is to be believed, “no criminal proceedings against the President or the Governor of a state shall be instituted in any court during their term in office”. However, the petitioner’s lawyers claimed that a criminal case was pending against Rosaiah even before he took charge as the Governor of Tamil Nadu.

It is noteworthy, the investigating agency had earlier before his elevation as Governor absolved Rosaiah of the all the charges leveled against him and filed a report before the same court.

However the same court has now directed the agency for further investigation and also issued summons to the former chief minister.

The court’s “changed view” came in the wake of recent statements of the senior bureaucrats in the Chief Ministers Office (CMO) and also the municipal administration ministry when Rosaiah served as the chief minister. The decision favourable to the individual has caused a loss of Rs 300 crore to the state exchequer, the official disposed before the court.

A PIL against Rosaiah filed by a city advocate Mohanlal in 2011 said that the 9.14 acres of land was hastily regularised by Rosaiah in “total violation of rules” and that Rosaiah had done what other former chief ministers Chandrababu Naidu and Y S Rajasekhar Reddy had refused to do .