MLA poaching case: HC dismisses all 6 petitions, CBI to investigate

Telangana: The High Court Division Bench on Monday, Directed Telangana State government to handover the MLA poaching case to the Central Bureau of Investigation. The chief justice Division Bench Opined that the Writ Appeals filed by the State Government were not maintainable. All the six petitions filed by the state government were dismissed by the bench.

The division bench observed that the order passed by a single judge was in the context of criminal offence of the subject. The nature and character of the order passed by the single judge was within the criminal law domain.

Hence, all the 6 writ appeals in this case were not maintainable and dismissed, the CJ Bench pronounced its order.

Chief Justice Bench in the order observed, "after a careful and compound analysis of the averments made in all the Writ Appeals and Writ petitions and the orders passed by the Single Judge, we have no hesitation in our mind that the order passed by the Single Judge was in the context of Criminal Subject matter and certainly in the exercise of Criminal Jurisdiction in the proper sense as explained by the Supreme Court in Ramkishan Fauji case Judgement".

The Chief Justice Bench said "The learned single judge has held that the rights of the three accused Mr. Ramchandra Bharati, Nandu Kumar and Simhayaji, Accused in Crime No. 455/2022 were being compromised by leakage of investigation material and they have been branded as culprits, even before the Chargesheet is filed".

Further, the Chief Justice Bench said "This is nothing, but a decision rendered by the Single Judge is on the Criminal Jurisdiction side within Clause 15 of the Letter Patent Appeal. Applying the litmus test, based on compound examination, Nature and character of the Order passed by the learned Single Judge, that the Judgement rendered is clearly within the Criminal Law. In our considered opinion, there will be no Appeals in this Court".

The Chief Justice said " Therefore, challenging the Judgment in Order of Justice B. Vijaysen Reddy dated 26-22-2022 would be clearly barred by Clause 15 of Letter Patent Appeal and would not be maintainable since we have arrived on the conclusion and it is not necessary for us to go into the merits of the Case".

All 6 Writ Appeal Dismissed

Advocate General for the state B S Prasad pleaded before the Chief Justice Bench to Stay today's order to enable the BRS Govt to approach the Supreme Court with an appeal, but the Chief Justice Bench declined the request.

Earlier on December 26, 2022, a Single Bench of the High Court, comprising Justice Bollam Vijaysen Reddy quashed a SIT probe and directed the State Government to hand over the case to CBI.

MLA poaching case

Ramachandra Bharati alias Satish Sharma, K Nanda Kumar and Simhayaji Swami were arrested on the outskirts of Hyderabad from a farmhouse in Hyderabad for allegedly offering bribes to four BRS MLA's for switching loyalties. On October 26th, 2022 they were arrested and accused of offering Rs 100 crore to P Rohith Reddy, BRS MLA from Tandur. They also allegedly asked him to invite three other legislators REga Kantha Rao, B Harshvardan Reddy and Guvvala Balaraju to the farmhouse where they would be offered more money.

A criminal case was filed at Moinabad police station against the arrested men for charges of criminal conspiracy, offering bribes for electoral gains and section 8 of the Prevention of Corruption Act 1988.