The Supreme Court on Friday dismissed the petition filed by the Andhra Pradesh Government seeking transfer plea filed by Margadarsi Chit Fund Private Ltd (MCFPL) and others for hearing from the Telangana High Court to the Andhra Pradesh High Court.The Apex Court advised the lawyers, representing the case for Andhra Pradesh Government, to produce their arguments before the Telangana High Court.
The Court on Friday refused to interfere with the Telangana High Court decision which had assumed jurisdiction in the Margadarsi case.A bench comprising Justices JK Maheshwari and KV Vishwanathan dismissed the special leave petition filed by the Andhra Pradesh government challenging the interim orders passed by the Telangana High Court holding that it has the judicial jurisdiction to enquire about the cases registered by Andhra Pradesh CID police against Margadarsi Chit Fund.
It clarified that the AP government will have to present its final arguments before the Telangana High Court itself.“We feel that Telangana High Court should enquire these cases on the basis of merit and take a decision,” the top court said.
However, the apex court granted liberty to the state government to challenge the jurisdiction issue again before it.
The Supreme Court refused to interfere with orders of the High Court restraining the AP government to take action against the Chairman of Margadarsi, Ramoji Rao and M.D.Sailaja Kiran.
“Judicial jurisdiction is the focal point in this case.Therefore, we felt that instead of enquiring about the petition, which is filed challenging the interim orders, it is better to dispose of it,” recorded the apex court in its order.
It said that it will not keep the transfer petition pending and disposed of the other two petitions challenging the interim orders of the High Court.
“If the case is dismissed there (High Court), there will be no questions arising.
If permitted, you can approach here and present your arguments about jurisdiction,” it remarked.
The apex court clarified that the issue of jurisdiction is open.
“If you get a judgement against in Telangana High Court, you could come here,” added.
