Supreme Court To Hear In February Telangana CM Revanth Reddy's Plea Challenging Trial In 'Cash-For-Vote' Case

The Supreme Court on Friday (January 5) adjourned the hearing of Telangana Chief Minister Revanth Reddy's plea challenging the trial court's jurisdiction to try a cash-for-vote scam case. This matter is now expected to come up after four weeks. 

A bench of Justices Sanjiv Khanna and Dipankar Datta was scheduled to hear a special leave petition filed by A Revanth Reddy, the current Chief Minister of Telangana against a June 2021 order of the Telangana High Court dismissing his revision petition questioning a trial court's jurisdiction in the case case pending before a special anti-corruption bureau (ACB) court.

Although the matter was listed today, the bench agreed to postpone the hearing on grounds of the bereavement of a family member of the State's Advocate-on-Record. 

Background

The case revolves around allegations that Revanth Reddy offered a bribe of Rs. 5 Crores to then-nominated MLA Elvis Stephenson during MLC Elections for Legislative Council. The bribe was purportedly aimed at securing Stephenson's vote in favor of the Telugu Desam Party (TDP). Reddy faced charges under Section 12 of the Prevention of Corruption Act, 1988, and Section 120B read with Section 34 of the Indian Penal Code, 1860.

Reddy, who was, at the time of the alleged offence, a member of the state legislative assembly, contested the applicability of the Prevention of Corruption Act to the case, arguing that electoral malpractices fell under Chapter IXA of the IPC, thus challenging the anti-corruption bureau's jurisdiction to register a first information report (FIR). He contended that offering a bribe did not warrant punishment under Section 12 of the Prevention of Corruption Act. The legislator further asserted that an MLA exercising their right to vote was acting as an elector, distinct from their public duties as a public servant. Reddy claimed that the ACB had erroneously assumed jurisdiction to investigate election-related offences and file a charge sheet.

The Telangana High Court, citing constitutional principles and the significance of voting, upheld the ACB's jurisdiction, allowing the investigation to proceed. It concluded that there was prima facie material to frame charges under Section 12 of the Prevention of Corruption Act and other sections of the IPC. The single-judge bench of Justice K Lakshman also emphasised the importance of voter honesty in its ruling. "While expecting his leader to be honest, a voter should be honest. A corrupt voter cannot expect his leader to be honest," the court observed in its order.

Case Details

A Revanth Reddy v. State of Telangana | Special Leave Petition (Criminal) No. 5333 of 2021