Hyderabad: The Telangana High Court has ruled that an intra-court appeal against an interim order passed during a criminal investigation is not maintainable.
A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice G. M. Mohiuddin dismissed, at the threshold, an appeal filed by Operation Mobilization India Trust. The Trust had challenged an interim order restraining it from alienating its immovable properties pending investigation into alleged financial irregularities.
The matter originated from a writ petition filed by Gowripaga Albert, who sought a probe into alleged violations of the Foreign Contribution (Regulation) Act (FCRA) and the Prevention of Corruption Act, and requested that the investigation be handed over to the Central Bureau of Investigation (CBI). A Single Judge had earlier directed maintenance of status quo regarding the Trust’s immovable properties.
Challenging this, the Trust argued that the interim order went beyond the scope of the writ petition and was contrary to earlier Supreme Court directions, which were limited to freezing accounts for institutional expenses and did not extend to restraining property transactions.
Rejecting these contentions, the Division Bench observed that the core issue in the writ petition concerns allegations of financial irregularities attracting penal consequences under the FCRA framework, placing the matter within the realm of criminal jurisdiction. It held that such interim orders do not warrant interference in intra-court appellate jurisdiction and dismissed the appeal as not maintainable.
In a separate case, the High Court warned senior officials of the Irrigation Department of coercive action for failing to comply with its earlier directions in a contempt matter.
Justice Namavarapu Rajeshwar Rao was hearing a contempt petition filed by P. Lakshminarayana, who alleged wilful disobedience of court orders granting him monetary benefits from the date of regularisation of his services in 1991.
The petitioner had earlier approached the High Court in 2019, contending that although his services were regularised with effect from November 16, 1991, he was denied monetary benefits from that date, while similarly placed juniors received them. The Court had allowed his writ petition, declaring the denial illegal and affirming his entitlement.
Alleging continued non-compliance, the petitioner initiated contempt proceedings against the Principal Secretary of the Irrigation and CAD Department and other officials.
Taking serious note of the inaction, the Court warned that if the order is not implemented, the Principal Secretary to the Government would be directed to appear in person.
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