'All Constitutional Institutions Gone, People Can Only Turn To Courts' : Sr Adv Dushyant Dave Tells Telangana HC In BRS MLA Poaching Case

Mr. Dave was arguing on behalf of the State of Telangana in the matter where he was trying to press the point that it is only the Constitutional Courts that common citizens of this country could turn to given the present circumstances of the country.

“I genuinely believe that the sacrifices people of India made between 1857 and 1947 is unimaginable. That can't be lost sight of. What we are witnessing today is only lip service. We can only turn to Constitutional courts”, he submitted before a division bench of Chief Justice Ujjal Bhuyan and Justice Tukaramji.

While referring to the poaching case, Mr. Dave submitted, “Why did millions of people vote for TRS in Telangana? Because of the promises they made. Now, you are trying to pull down that government and people's choice is being destroyed.”

“Even the floor test has been proved to be a failure in today's circumstances. This is about the survival of democracy and the survival of this country. If rule of law is allowed to fall to this extent. Throughout the parliamentary debates, members said opposition is condition precedent in a democracy. Our forefathers wanted the opposition. Courts too will have to take an innovative approach.”

On October 26, Pilot Rohith Reddy, MLA, Tandur Assembly, lodged a first information report alleging that three accused persons met him and asked him to not contest as a candidate of the Bharat Rashtra Samithi (BRS) party.

Instead, he was allegedly asked to resign from the BRS and join the BJP and offered an "amount of Rs 100 crores besides contract works of the Central government".

Reddy further alleged that the accused persons threatened to foist criminal cases on him in case he did not agree to their proposal. Pursuant to his complaint, Moinabad Police Station registered an FIR under Sections 120B, 171B, 171E, and 506 of the IPC r/w Section 34 of the IPC and under Section 8 of the Prevention of Corruption Act, 1988.

Subsequently, the BJP filed a writ petition before the single judge of the Telangana High Court praying for the entrusting of investigation of the matter to an SIT/CBI to ensure a free and fair probe.

On November 15, the Telangana High Court allowed the state government-constituted Special Investigation Team to continue its probe into the MLA poaching case, and also ordered that a single judge of the court would monitor the progress of the investigation.

However, on November 21, the Supreme Court quashed the directions passed by the Telangana High Court and directed it to decide the plea for the CBI probe moved by three accused in the matter.

On November 25, the Telangana High Court stayed the notice issued by the Special Investigation Team to BJP's National General Secretary B.L. Santhosh in connection with the ongoing investigation in the alleged TRS MLA poaching case. Earlier this month, the High Court granted bail to three accused.

On December 26, the Single Judge had ordered for the transfer of the case to the CBI.