The special court for Central Bureau of Investigation (CBI) cases on Thursday issued notices to Minister Dharmana Prasada Rao and ex-Minister Mopidevi Venkataramana Rao to respond to the permission sought by the investigating agency to prosecute them under provisions of the Prevention of Corruption Act.
Both of them are appearing in court for offences under Indian Penal Code but the State government has not given sanction for the prosecution of Mr. Prasada Rao under the Prevention of Corruption Act in the assets case against Kadapa MP Y.S. Jaganmohan Reddy.
The CBI did not seek permission of the government for prosecution of Mr. Venkataramana Rao under this legislation as he had ceased to be a public servant following his resignation as Minister.
They were charge sheeted under sections of IPC, including 120-B (punishment for criminal conspiracy) read with 420 (cheating), 409 (criminal breach of trust by public servant) and 477 A (falsification of accounts) and section 13 (2) read with 13 (1) (c) and (d) of PC Act.
The CBI in a memo filed in the court said that there was no need for permission to prosecute them going by a judgement of the Supreme Court in the past which said offences committed by public servants should be viewed with a retrospective effect when they were in office.
In the present case, offences were committed by Mr. Prasada Rao as Revenue Minister and Mr. Venkataramana Rao as Infrastructure and Investments Minister.
The investigating agency also said both of them should be brought to book under PC Act because the court had taken cognizance of the charge sheet against them. They had misused their power as Ministers.
There was no reference in the memo to IAS officers M. Samuel and Manmohan Singh and another bureaucrat K.V. Brahmananda Reddy who were also charge sheeted in the same case under IPC and Prevention of Corruption Act Act.