Andhra Pradesh government’s attempt to confiscate the assets of Opposition leader YS Jagan Mohan Reddy assets through the Special Courts Act 2016 cannot be executed. The act is to confiscate properties of public servants booked under the section 13(1) (e) of Prevention of Corruption Act.
The legislation targets quick disposal of cases of confiscation of properties of corrupt officials involved in disproportionate assets cases only under section 13(1) (e) of the PC Act, cites the report in DC. Nonetheless, Enforcement Directorate has already attached the properties of Jagan under the Prevention of Money Laundering Act.
The Act was seen as ruling party’s attempt to bypass the prevailing laws only to get an edge over Jagan. The act part of TDP’s election manifesto which promises to recover illegally assets acquired by the government servants and people’s representatives. Neither Jagan was government servant nor public representative when the offence took place.
It may be noted that Finance Minister Yanamala Ramakrishnudu, earlier said that the government will invoke the act to confiscate the properties of Jagan.
However, no new legislation cannot supersede High Court order which states that the CBI investigation under the Criminal Procedures Code, the Indian Penal Code, Prevention of Corruption Act as well as the Money Laundering Act.