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Synopsis

A Division Bench of the Telangana High Court comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy has directed the SIT, which is investigating the TRS MLA poaching case, to not report to any political or executive authority.

The bench directed a court-monitored inquiry under a single judge and asked the SIT to report the progress of the investigation to be submitted before him in a sealed cover by the SIT from time to time.

The bench also said that there shall not be any interference by any authority in the investigation and if any permissions are required to proceed further with the investigation, SIT would be at liberty to make a suitable application before the Single Judge. Further, the court said that there should be no selective leakage of the investigation or materials gathered during the investigation.

The case pertains to an FIR that was registered against three accused who had asked the informant, a member of the TRS party, to join the Bhartiya Janta Party (BJP) by resigning from the TRS party. The complaint further stated that he was offered an amount of Rs.100 crores besides certain contract works of the Central Government. Further, allegedly he was warned that if he would not do what he was told then criminal cases would be foisted on him besides raids by central agencies.

A writ petition was filed before a single judge bench which was disposed of while observing that it was too early for the Court to reach any prima facie opinion that the action of the State Police was tainted with mala fides and aimed only to target the appellant. T

The Counsel for the appellant (BJP) argued before the division bench that the entire episode was staged with the sole objective of defaming the political party. He prayed before the court that since the appellant had not sought for quashing of the complaint instead he sought a fair investigation, therefore, till the issue was decided by the single judge bench, the State Police should stay its hands off.

Moreover, the counsel for the State expressed his sincere regret when certain materials were received by the office of the Chief Justice from the President of the TRS party.

The Counsel for the State submitted before the court the government order wherein an SIT was constituted headed by Sri C.V.Anand, IPS, Commissioner of Police, Hyderabad City to investigate the case.

The Court while directing a court-monitored inquiry noted, 

“Considering the fact that the case has serious political ramifications, we are of the view that it would be in the interest of all concerned if the investigation is done in a fair and professional manner; insulated from political allegations and counter allegations”