BRS MLA Poaching Case: SC asks CBI not to start investigation

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Notably, the High Court had earlier directed a court-monitored inquiry into the incident while noting that the case had serious political ramifications. Moreover, court directed the SIT to not leak details of the investigation to the media.

The Supreme Court on Monday asked the Central Bureau of Investigation to not begin their investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana’s Bharat Rashtra Samiti legislators.

A division bench of Justices Sanjiv Khanna and MM Sundresh made this observation in a plea by the state police against a decision of the Telangana High Court to transfer the probe from a special investigation team appointed by the state government to the CBI.

Senior Advocate Dushyant Dave, appearing for the Telangana police, had informed the bench that the investigation had not yet been handed over to the central agency.

Furthermore, while noting that the matter would have to be heard at length, the bench decided to list it on a ‘non-miscellaneous day’.

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.

Notably, a writ petition was filed before a single judge bench of the Telanagan High Court 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.

Later, a division bench of the Telangana High Court comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy had 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.

Court had further directed the SIT, which is investigating the TRS MLA poaching case, to not report to any political or executive authority.

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”