MLA poaching case: SIT moves TS HC, seeks suspension of first Additional Special Judge order

Hyderabad: Special Investigation Team (SIT) probing the TRS MLAs poaching case has moved a Lunch Motion Criminal Revision Case seeking suspension of the orders of the first Additional Special Judge. The first Additional Special Judge for the Trial of SPE & ACB cases, Hyderabad, rejected the memo filed by the Special Investigation Team.

SIT had filed a memo arraying the accused Bommarabettu Laxmijanardhana Santosh, Tushar Velapally, Kottilil Narayanan Jaggu alias Jaggu Swamy and Bhusarapu Srinivas in a case registered at Moinabad Police Station.

N. Ramchander Rao, senior counsel appearing for Bhusarapu Srinivas took a strong objection that the copies of the Criminal Revision case were not given to him, though he argued for B. Srinivas in the ACB Court. Ramchander Rao informed the Court that the SIT has moved a Lunch motion petition in haste. He said Bhusarapu Srinivas is deprived of the opportunity to have a look at the contents of the petition and this is a violation of the principles of natural justice.

Senior Counsel asked how can the case be adjudicated that too when the entire matter is seized by the High Court.

Justice D. Nagarjun also agreed with the senior counsel saying when SIT filed a Memo, a notice should have been served. Advocate General Banda Shivananda Prasad informed the Court that the order of the first Additional Special Judge, Nampally, does not stand for a moment because there is apparent illegality and the order requires to be suspended/quashed immediately.

He submitted that the entire issue pertaining to the TRS MLAs poaching case has been seized by the High Court and the Supreme Court.

He said the Magistrate can exercise such a power when the final report is filed in the matter, not at this stage. He urged the Court to suspend the ACB Court order on an urgent basis as the passage of every single day will prove crucial for the SIT to investigate the case. He said the delay hampers the investigation.

Pratap Reddy, Public Prosecutor informed the Court said during the course of the investigation, it is the prerogative of the police to come to the conclusion as to who should be arrayed as accused.

Further, the Memo which was filed before the ACB Court was in detail explaining the entire case and each minute detail of the investigation is being entered in the case diary, Pratap Reddy submitted.

Justice Nagarjun, after hearing the contentions directed to issue a notice to the proposed accused. He also asked the AG to serve copies of the Criminal Revision Case to all the parties. The case has been adjourned till Thursday.