Suspend HC single judge order to hand over MLA poaching case investigation to CBI: Dave

The learned Single Judge has not observed the seriousness in the issue. Ultimately, the learned judge must have to apply the law.

By Newsmeter Network  Published on  19 Jan 2023 3:50 AM GMT
Suspend HC single judge order to hand over MLA poaching case investigation to CBI: Dave

Hyderabad: On Wednesday, Mr. Dushyant Dave, Senior Counsel from Supreme Court of India argued for the Telangana State and sought immediate suspension of the order of Single Judge regarding handing over investigation to CBI in the BRS MLAs Poaching Case.

The Telangana High Court Division Bench comprising Chief Justice Ujjal Bhuyan and Justice Tukaram heard the arguments in the appeal filed by the state in 4 TRS MLAs Poaching Case, where the Single Bench of High Court had directed the CBI to investigate the matter.

"Investigation is a matter for the State Police under the Court. Is it open to the Court to interfere in the matter when investigation is going on? argued Mr Dave. Mr. Dave, during the course of arguments apprised the Division Bench that the Supreme Court in many cases said that the investigation into a particular case, should be transferred to CBI in rarest of the rare case and here in this case, there was no such an aspect, upon which the Single Judge transferred the MLAs poaching case to CBI.

There is abundant evidence of material facts which shows the BJP leaders are involved in the issue. The State Police is authorised to investigate the matter, where this CBI is called. There is no necessity for the issue to be called for CBI investigation. The learned Single Judge has not observed the seriousness in the issue. Ultimately, the learned judge must have to apply the law.

Nobody questioned the State Police investigation. The investigation is carried on by the Senior Police Officials in a scientific manner. The allegation against police investigation is unfair.

The respondents (accused) prayed in the plea that SIT may be constituted, the State constitutes SIT, then what made the Single Judge to transfer the Case to CBI, Dave argued. The SIT is in the mode of investigation, what made them alleging SITs investigation is malice and tainted. The allegation is baseless. Investigation is carried out by the SIT in accordance with law.

In the recording, it is clearly stated by the accused that BJP High Command is involved in the poaching issue. The accused want CBI to investigate and report that the recordings and material facts are bogus and the matter to be closed, argued Mr. Dave. Every Opposition party leader in the Country is being harassed by way of false cases and thereby in the process of investigation. Not even a single BJP leader has been investigated by the CBI or ED, despite so many cases pending against them, Mr Dave stated.

Mr Dave also sought ten days time to submit written statement.

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