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The petitioner claimed that the FIR was filed with mala fide intent and was initiated maliciously with an ulterior motive to seek vengeance against him
BRS leader K T Rama Rao has filed a plea in the Supreme Court for protection against coercive action and interim bail in a case related to alleged corruption involving payment of Rs 55 Cr in conduct of Formula-E race in Hyderabad in the previous regime.
Telangana's opposition leader has challenged the validity of the High Court's January 7 judgment, which declined his plea to quash the FIR lodged on December 19, 2024, by the ACB under Sections 13 (1) (a) r/w 13 (2) of the Prevention of Corruption Act, 1988 and Section 409 r/w 120-B of Indian Penal Code.
His plea claimed that the FIR did not disclose commission of any offence much less prima facie offence.
It claimed that there was a contractual obligation between the parties and the money was paid to Formula E Operations Ltd, (FEO) after receiving invoices from the organiser through a legal channel of a bank transfer from the bank account of Hyderabad Metropolitan Development Authority to the bank account of Formula E Operations Ltd., (FEO) as such there was no fraudulent intention to cause loss to the state’s exchequer.
The petition claimed that Formula E Operations was proposed to be conducted for the first time in India at Hyderabad by the initiative of the then government and the first season i.e Season 9 was a huge success. It stated as per the analysis of Nielson Sport Analysis on the economic impact of Formula E Prix at Hyderabad it generated a massive revenue of 83 Million USD for the State.
"The successive government has breached the agreement without paying the balance 50% of the payment forfeiting the initial 50% payment paid by the Hyderabad Metropolitan Development Authority and also by causing substantial loss to the State’s revenue apart from defaming Hyderabad/Telangana in the global market. After causing irreparable loss the state government has erroneously registered the FIR to wreck out vengeance against the petitioner to please their political boss," the plea said.
It was contended that the High Court failed to appreciate that the allegations in the FIR—such as making payments prior to the execution of the agreement, making payments during the model code of conduct, making payments without the approval of the council of ministers, and making payments without withholding taxes—even if taken in their entirety, did not constitute corruption or any offence under Section 409 of the IPC or Section 13(1)(a) of the Prevention of Corruption Act.
"The FIR is attended with mala fides and is initiated maliciously with an ulterior motive for wrecking vengeance on the petitioner as he was former Minister and present Member of Legislative Assembly and working President of principal opposition party i.e., BRS party to damage his political reputation and to deter him from exposing the failure of the government in implementing the promises made to the public before elections," it said.
Declining any relief to the petitioner, the High Court had said allegations when read together made out a prima facie case of wrong doing and misappropriation of funds of the HMDA, which were enough to warrant an investigation.
Case Title: K R Rama Rao Vs The State ACB CIU, Hyderabad
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