Telangana BRS MLAs Poaching Case : Supreme Court Asks State Police Also To Not Continue Investigation Against BJP
A few days after the Supreme Court of India cautioned the Central Bureau of Investigation to not continue an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana's Bharati Rashtra Samiti legislators, a division bench of Justices Sanjiv Khanna and MM Sundresh on Friday gave the same warning to the Telangana police. The division bench was hearing the...
A few days after the Supreme Court of India cautioned the Central Bureau of Investigation to not continue an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana's Bharati Rashtra Samiti legislators, a division bench of Justices Sanjiv Khanna and MM Sundresh on Friday gave the same warning to the Telangana police. The division bench was hearing the state police’s plea against a decision of the Telangana High Court to transfer a probe into the conspiracy from a special investigation team appointed by the state government to the CBI.
Justice Khanna said, “One thing is very clear. The Telangana police is also not to continue the investigation.” Senior advocate Dushyant Dave, appearing for the state police, assured the bench that the investigation had been put on hold on account of the matter being sub judice. “They stopped it long ago,” the senior counsel told the court.
Even though on the last day of the hearing, the bench had directed the matter to be listed on a non-miscellaneous day in the week commencing from Monday, July 31, it was listed today as formal notice had not been issued. Dave also informed the bench that the central agency and the union government had not appeared before the high court. Justice Khanna clarified, “The union may not be required to appear before us, but the CBI has to.”
The bench then proceeded to pronounce the following order:
“We clarify that notices have been issued. We are also informed that some of the respondents in the special leave petition are unrepresented. Respondents 2 (union) and 17 (CBI) have not been issued notice. Notice need not be issued to the Union of India but will be issued to the central agency. Serve notice to remaining respondents by all means including dasti.”
Background
On October 26, Pilot Rohith Reddy, a Telangana legislative assembly member representing the Tandur constituency, lodged a first information report claiming that he was offered an amount of Rs 100 crores, besides contract works of the central government, by the three persons named in the complaint for not contesting as a BRS candidate and joining Bharatiya Janata Party instead. He also accused them of threatening to slap false criminal charges against him if he did not agree to their proposal. Pursuant to his complaint, Moinabad Police Station registered an FIR under Sections 120B, 171B, 171E, and 506 of the IPC read with Section 34 of the IPC and under Section 8 of the Prevention of Corruption Act, 1988. Subsequently, a writ petition was filed by BJP before a single judge of the Telangana High Court praying for the transfer of the investigation into the case of the alleged conspiracy to poach BRS MLAs to the CBI from a special team of the state police.
On November 15, the Telangana High Court allowed the state government-constituted investigation team to continue its probe into the MLA poaching case. It also ordered that a single judge of the court would monitor the progress of the investigation. However, on November 21, the Supreme Court quashed the directions passed by the Telangana High Court and directed it to decide the plea for the CBI probe afresh.
On November 25, the Telangana High Court stayed the notice issued by the investigation team to the national general secretary of BJP, B.L. Santhosh, in connection with the ongoing investigation in the alleged BRS MLA poaching case. Bail was also granted to the three accused. Eventually, in a major setback to the Telangana government, the single-judge bench of the high court ordered that the investigation be transferred to the federal agency. A challenge to the decision before a division bench of the high court was also unsuccessful.
On the first day of the admission hearing before the Supreme Court, Dave argued that a transfer, to the Central Bureau of Investigation, of a probe into a conspiracy hatched by the BJP to poach legislative assembly members belonging to BRS would result in a ‘gross miscarriage of justice’. The reason why the national party was pushing for the federal agency to take over the investigation, Dave claimed, was because “they had been caught red-handed and the evidence against them was very damaging”. “We are a regional party that is fighting a national party attempting to destabilise our government,” Dave asserted. “How can the CBI be asked to investigate? Bharatiya Janata Party is in power at the centre. The allegations are against them. The bureau is under them,” the counsel submitted while conceding that the state government would be amenable to the high court monitoring a probe by the special investigation team.
Earlier this month, the top court cautioned the Central Bureau of Investigation to not begin an investigation into the alleged conspiracy. Justice Khanna categorically stated, “We are making it very clear. The investigation is not to be continued while the matter is sub judice or it will become infructuous. That is the thumb rule. Do not continue the investigation. Otherwise, we will have to pass interim orders.”
Noting that the matter would have to be heard at length to determine the maintainability of the appeal as well as adjudicate on its merits, the bench decided to list it on a ‘non-miscellaneous day’ (reserved for after notice or adjourned matters) in the week commencing from July 31. While Dave has made preliminary arguments, Senior Advocate Mahesh Jethmalani, appearing for the accused political party, is yet to begin his submissions.
Case Title
Assistant Commissioner of Police v. Bharatiya Janata Party | Special Leave Petition (Criminal) No. 1995-1999 of 2023