Investigation not fair, unbiased when CM himself circulated video, Telangana HC quashes SIT to probe MLAs poaching case [Read Order]

NEW DELHI: The Telangana High Court has transferred the probe into allegations of poaching by BJP of four ruling TRS MLAs, to the CBI after noting that the entire episode is something unprecedented and incomprehensible and the accused faced serious prejudice as video recordings and pre-trap proceedings were made public by none other than the Chief Minister himself.

A single bench of Justice B Vijaysen Reddy quashed the order issued by the state government on November 9 forming a Special Investigation Team by calling it up as a "cover up" exercise and directed the CBI to conduct de novo investigation into the FIR lodged in a complaint by TRS MLA Pilot Rohith Reddy on October 26.

The court allowed a writ petition filed by the accused saying they have made out a case for transfer of investigation.

The bench, however, dismissed a similar plea filed by the BJP finding it as not maintainable.

The court pulled up the state police for "lapses" of allowing the crucial evidence of the case being made public, including by the Chief Minister.

"The electronic spy gadgets were seized on 26/27.10.2022 containing the video recording (third file) which are in the nature of trap proceedings, and undoubtedly crucial and critical part of investigation, should not have been handed over to any third party. In the political tussle between the BJP and the TRS Party, the Constitutional and statutory rights of the accused seems to have been forgotten. The investigation officers have committed serious lapses. It appears, to cover up such lapses, SIT was constituted on 09.11.2022," the bench said.

"When accused are condemned publicly and branded as conspirators levelling serious allegations by none other than the Chief Minister by conducting Press Meet and circulating the videos to the important Constitutional Functionaries, even before charge sheet is filed and at the initial stages of the investigation, it cannot be said that investigation is being done in an unbiased and fair manner," the bench added.

The court also pointed out none of the counsel appearing for the State have clarified or explained to the Court as to how these CDs and pen drives are surfaced in the Press Meet of the Chief Minister. "Not only in the pleadings, even in the oral submissions, the respondents have maintained stoic silence and have chosen to be very cautious on the leakage of investigation material. A veiled attempt was made by the Additional Advocate General stating that the de facto complainant might have handed over the CDs / pen drives to the Chief Minister," it said.

The court rejected a plea by the state government that it should not interfere into the matter at the preliminary stage.

"Having found serious lapses and leakage of investigation material / CDs, it is difficult to accept the contention of the counsel for the respondents - State that this court should lay off its hands merely because the investigation is at preliminary stage. Rights of the accused to have fair and unbiased investigation are defeated in this case which is in violation of Articles 14 and 21 of the Constitution of India," it said.

Three persons Ramachandra Bharati alias Satish Sharma, Nandu Kumar and Simhayaji Swamy, named as accused (A1 to A3) in the case, have already been released on bail in the case in which it was alleged that these agents of BJP were trying to poach TRS MLAs for Rs 100 Cr.

Earlier a court has also rejected a plea by the SIT to rope in senior BJP leader B L Santhosh and three others as accused in the case, saying no prima facie materials has been placed for the purpose.

[Read Order]