AP High Court Cancels IAS Officer's Bail
IAS Officer Srilakshmi was arrested on 28.11.2011 and was granted bail by the CBI Court on 02.12.2011. [Please see 02.12.11] in the Obulapuram Mining Company Case (O.M.C.). The CBI took the matter to the AP High Court and the High Court cancelled her bail yesterday.
In the High Court, she pleaded that she was a Post-graduate with brilliant academic and service career and her husband was also an I.P.S Officer and she comes from a respectable family and there was no blemish in her service and the allegations about favouring O.M.C is not correct and she has acted bona fidely in disposing of the files put by the subordinate staff and according to her she did not sign the draft G.Os nor append her signature and therefore she being a woman and also having chronic ailment of “Prinzmental Angina” she may be released on bail.
The High Court was not impressed. The High Court observed,
"In this case so far as the status and position of the respondent is concerned, there cannot be any two opinions since she is an I.A.S Officer and her husband is an I.P.S Officer. She claims to be a brilliant and intellectual person and has got higher level of understanding. Having said so it is really sad and unbecoming responsibility of the Secretary to a Government to contend and plead that the orders of the Government were issued without her knowledge in her name. Evidently, the orders were issued in her name and she cannot disown the authenticity or the legality of it. Her claim that she did not initial the G.O or see the G.O is reflecting her higher degree of intelligence and being conscious of the effective omission evidently intended to benefit O.M.C, she might not have put her initials. This is real culpable criminal conspiracy. But the statement of her subordinates clearly goes to show that she has got every knowledge and G.Os were issued with her concurrence. If the Secretary of the Government is to disown the contents of order of the Government issued in her name, it is only betrayal of the duties.
The respondent cleverly wants to shift the blame on the subordinate staff. All this has to be mentioned by me for the reason that consideration of the bail shall be based on character of the person involved in the crime.
It is to be further noted that there is a conspiracy between the respondent and other accused and other accused were already in judicial custody and as against this respondent the investigation is not completed and if she is at large until the investigation is completed she will take all the advantages to destroy the evidence against her and others when particularly some evidence is forthcoming against the respondent. Therefore, the grant of bail will thwart the interest of justice.
In cases of this nature and when there is influence and power for the respondent and her husband, it will not be desirable or proper to expect the investigating agency to disclose as to what is the nature of evidence they intend to collect and further investigation to be taken up by them, when particularly the cooperation of the respondent during the course of police custody is said to be minimal.
Therefore, in view of the above circumstances, I have no hesitation in holding that the order passed by the learned Judge is not legal and is liable to be set aside and since investigation against the respondent is not yet completed, it will be hazardous for the investigating agency to gather the entire evidence if the respondent is to be on bail".
The High Court set aside the lower court's order granting her bail and directed her to surrender before the concerned Court on or before 06-01-2012 failing which C.B.I is at liberty to arrest and produce her before the Court.