The bench refused to stay the ongoing investigation by the CBI into the alleged connection of DA case of Jagan with Emaar MGF and posted the matter for next week.
The Supreme Court today issued a notice to CBI on real estate giant Emaar MGF seeking stay on the ongoing probe into its alleged connection with the case relating to disporportionate assets of Kadapa MP Jaganmohan Reddy, son of late Chief Minister YS Rajasekhar Reddy.
A bench of Justice Dalveer Bhandari and Justice Deepak Verma sought response from the CBI and State Handlooms and Textile Minister P Shankar Rao on whose petition the agency was earlier directed by the high court to probe the allegations.
The bench refused to stay the ongoing investigation by the CBI into the alleged connection of DA case of Jagan with Emaar MGF and posted the matter for next week.
Emaar assailed the direction of high court for the CBI inquiry saying that such a probe can be ordered by the court only after coming to the conclusion after considering the material on record that there was a prima facie case against the person and the same can't be done in a routine manner.
"A decision to direct an inquiry by CBI against a person can only be done if the high court after considering the material on record comes to a conclusion that such material does disclose a prima facie case calling for an investigation by CBI or any other similar agency, and the same cannot be done as a matter of routine.
"It is submitted that when it is settled law that referring an investigation to CBI is an exception then the high court must in its judgment indicate as to what is so extra-ordinary or special in the case that only the CBI alone can investigate," Emaar added, saying that the direction of the court has not disclosed the reason for a special probe.
In his petition to Andhra Pradesh High Court, Rao had sought a CBI inquiry into the companies that had invested in Jagan's businesses to allegedly win favours in the form of land allotments and mining leases from the then YSR government.
Rao had alleged that Jagan's income rose from Rs11 lakh in 2004 to Rs43,000 crore by the time of his father's death in 2009.
On July 22, the Supreme Court, had refused to stay the high court's order for a preliminary CBI inquiry to ascertain if Jagan owns assets disproportionate to his income.
The apex court had said "at this stage" no interference was required into the high court's order as it was only a preliminary inquiry and the high court can refuse to proceed against him if nothing substantial comes out against him in the probe.
Jagan, who fell out with the Congress after being denied the chief ministership, had approached the apex court challenging high court order for a preliminary probe by the CBI to ascertain if he owned assets far exceeding his legal income saying that the whole issue was politically motivated.
Jagan, after being denied the chief minister's post following his father's death in a chopper crash, floated the YSR Congress Party on whose symbol he and his mother won the Kadapa Lok Sabha and Pulivendla Assembly seats respectively in recent by-polls.
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