Justice G. of Telangana High Court. Shri Devi had set aside an order issued by the first Additional Special Judge of SPE and ACB cases, in which the father of a person was facing a corruption case.
Vaidya Aditya, a software engineer, was the petitioner in the case. In 2018, officials of the Anti-Corruption Bureau (ACB), his father V. A criminal case was filed against Vara Prasad (who was the Additional District Judge at the time), in which he made allegations of acquisition of property along with known sources of his income.
During further investigation, the ACB filed a petition seeking attachment of the assets of Mr. Prasad’s family members. In 2020, the judge of the ACB special court passed an order to attach the assets of the family members of the accused judicial officer. Among the attached properties was a flat in Kondapur.
Mr. Prasad’s son Aditya made an application before the special court judge, claiming that the flat in Kondapur belonged to him and that his father had not contributed in any way to purchase it.
The judge of the special court orally stated that such claims would be considered during the hearing. Questioning the observation of the judge, Mr. Aditya filed a criminal appeal petition.
The judge stated that it is clear from the documents presented by the petitioner that the flat was purchased by him from his own funds. The judgment states that there is no record of the father of the appellant (Aditya) contributing any amount to purchase the said property.
The judge said that the ACB should not have brought a flat for interim attachment without conducting any exercise to analyze Aditya’s income sources.
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