'How Can CBI Investigate MLA Poaching Case When Allegations Are Against BJP? Centre Controls CBI’: Telangana Police To Supreme Court

On Friday, the Telangana Police assailed the transfer of the investigation of the case pertaining to the alleged attempt to poach BRS MLAs to the Central Bureau of Investigation (CBI). Senior Advocate, Mr. Dushyant Dave appearing for the State Police told the Supreme Court that the allegations are against the members of the Bharatiya Janata Party (BJP) and hence transferring the matter to CBI would not serve the ends of justice as, he submitted, ‘the Central Government controls the CBI’. "How can I go to CBI? The allegations are against the BJP in the FIR. What is the point of sending us to CBI? Central Government controls CBI", DavAt the request of the parties and considering that the supplementary causelist for the hearing had come late in the night, the Bench comprising Justice B.R. Gavai and Justice Manoj Misra has stood over the matter to 27th February at the end of the Board. The Single Judge of the Telangana High Court had transferred the probe into the case related to the alleged attempts to poach 4 MLAs of the Bharat Rashtra Samithi (formerly Telangana Rashtra Samithi), to the Central Bureau of Investigation (CBI). The transfer order was passed while dissolving the Special Investigation Team (SIT) which was probing the case till then. On Friday, Justice Gavai asked Mr. Dave,"There was some SIT?"Mr. Dave responded that though the Government had constituted a SIT, the Single Judge had quashed it. When the Judge asked what steps have been taken post the previous rounds of litigation before the Apex Court, the Senior Counsel submitted, “We have not been able to move an inch forward. The charges are so serious that it would strike at the foundation of democracy."Senior Advocate, Mr. Mahesh Jethmalani appearing for the BJP submitted that the Chief Minister of Telangana had made public a video while making a press statement, pursuant to which the FIR was registered. Previously, Mr. Dave had averred that it is too late in the day to argue that because the CM played the video in the press conference there is possibility of bias. He had submitted, post filing of the FIR it cannot be said that the press conference affected the investigation. Adding to his submission, on Friday, Mr. Dave said, "This is the norm of the day. If you open any television in the evening. What does CBI,ED do against any person in the opposition. They release evidence to media houses; it is discussed. Don’t say there is different standard for opposition and ruling party. I beg to differ on that."BackgroundOn 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 afresh.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. The High Court had granted bail to three accused.Case : Assistant Commissioner of Police vs Bharathiya Janata Party (BJP).SLP(Crl) No.1995-1999/2023Click Here To Read/Download Order

'How Can CBI Investigate MLA Poaching Case When Allegations Are Against BJP? Centre Controls CBI’: Telangana Police To Supreme Court

Sohini Chowdhury

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