Supreme Court Makes Interim Protection Granted To Telangana BSP Leader Vatti Janaiah Yadav Against Arrest Absolute

The Supreme Court on November 5 made the interim protection granted to Bahujan Samaj Party (BSP) leader Vatti Janaiah Yadav against arrest, in connection with the 2023 FIR pertaining to forcibly taking away fish weighing 5 tonnes from the pond, absolute. While Yadav had approached the Court seeking protection from arrest alleging that alleged criminal prosecution by the then Bharat Rashtra Samithi (BRS) led Government in Telangana after Yadav made a political switch from BRS to BSP, the matter took a U-turn when the Court found that the Telangana Government could not properly assist the Court. A bench of Justices Hrishikesh Roy and SVN Bhatti on October 1 had asked for specific filing dates of the chargesheet but the counsel for the State of Telangana was unable to provide this information. The court expressed surprise at this lack of knowledge and summoned the Director General of Police (DGP), due to the lack of communication between the prosecution and the Government counsel.On October 4, the Court directed the DGP, Telangana, to file an affidavit on the streamlining of communication and plug loopholes in gaps between the Counsel for State of Telangana and the Prosecution regarding accessing the information on criminal cases in court-related matters. It expressed that there is a "recurring" phenomenon witnessed from the State of Telangana where there is often miscommunication between the prosecution and Telangana Government Counsel pertaining to information about criminal cases.The DGP appeared virtually and submitted that there was a lapse on the part of the officers for not mentioning the dates on the chargesheet and informed the Court that proceedings would be initiated against the concerned officer responsible for the lapse.Telangana's counsel informed the Court that two affidavits have been filed containing details including dates of chargesheets filed in compliance with the October 1 order. The counsel also apologised to the Court and submitted that there was a miscommunication and the same will not be repeated again.Based on the assurances, the Court on November 5 noted that the affidavit of compliance has been filed, and circulars issued by the DGP Telangana, indicate that steps have been taken for coordinating the instruction on the criminal cases with the concerned Advocates in the Supreme Court. Appropriate formats for instruction are also generated for efficient communication of instruction.The Court added that it needs to evaluate the impact of the circulars issued by the DGP and therefore, listed after three months.Case Details: VATTI JANAIAH v. STATE OF TELANGANA| Special Leave to Appeal (Crl.) No(s). 12098/2023Appearances: Advocate Vinay P Tripathi (Petitioner) & Advocate Devina Sehgal (for State of Telangana)Click Here To Read Order

Supreme Court Makes Interim Protection Granted To Telangana BSP Leader Vatti Janaiah Yadav Against Arrest Absolute

Gursimran Kaur Bakshi

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