MLA poaching case: TS government urges HC to dismiss BJP's petition seeking CBI probe

Telangana government has sought quashing of the BJP petition seeking a CBI probe into the TRS MLAs poaching case.

Senior Supreme Court counsel Dushyant Dave appeared for Telangana state in the high court.

In his argument before the bench of Justice Bollam Vijaysen Reddy, he sought to dismiss a petition filed by BJP, Telangana Unit, represented by its General Secretary T. Premender Reddy seeking a CBI probe into the TRS MLAs poaching case.

Three accused. DPSKVN Simhayaji, Kore Nandu Kumar, and Ramachandra Bharati were caught red-handed by the police on October 26 when they were trying to lure Rohit Reddy, TRS MLA from Tandur, to switch sides.

The entire conversation between Rohit Reddy and the three accused was recorded. . The entire evidence has been sent to FSL.

Dushyant Dave said the action taken must be proved. "Unfortunately, the petitioners say that the party in power in the state is against the party in power at the Center and therefore it is malafide. Malafide is not established in this case at all" he said.

The entire matter is in a premature stage as it is still under investigation. The case was registered on November 21. "Efforts are being made to stall the investigation and they have rushed to courts again and again," Dave said.

Evidence has to be gathered, and placed before the court, stated Dave. He argued that there was no force in the contention that the complaint should be overruled on a mere unsubstantiated plea of malafide.

The complaint contains serious allegations which have to be tested after evidence is collected. This is a serious fraud, the court doesn't permit these kinds of interferences, Dushyant Dave said.

"Democracy is under threat and this is not an unusual investigation. The 10th Schedule of the Constitution has become mere paperwork. How do you stop the police which are a statutory body from investigating? Police have a statutory right for investigation and the judiciary has no power to interfere," Dave argued.

He said the Supreme Court has also held that the accused has no right to say which agency should investigate.

"If the accused cannot be taken in custodial interrogation it will be very difficult for the police to investigate and find the truth. There are several petitions filed by the accused and BJP which are nothing but abuse of the process of the court. The petition should be dismissed," Dushyant Dave said.

Udday Hulla, former Advocate General of Karnataka High Court, appearing for accused Bhusarapu Srinivas informed the court that the SIT is not properly probing the poaching case. He said 30 policemen from SIT barged into his house to serve 41A CrPC notice even though he was unwell.

"Am I Dawood Ibrahim? So many policemen came to my house to serve the notice. They later put up the notice on the door", the senior counsel questioned the SIT.

He informed the Court that the petitioner B. Srinivas is an advocate with 30 years of practice. He is subjected to 10-hour interrogation every day.

"Despite replying to the questions of the SIT and furnishing relevant material, the SIT is again insisting upon the petitioner to attend frequently," he said.

SIT is forcing the petitioner to reveal the names of the senior state BJP leaders and trying to connect them to the TRS MLA poaching case, he said.

He stated that the Telangana government has tapped the phone of the Governor. He said she went to the media to divulge the issue. Senior counsel stated that this is a violation of the rights guaranteed under the constitution.

He also brought to the notice of the court the recent incident where the car of an opposition leader Y S R Sharmila of YSRCP was towed by the police when she was on a padayatra.

The court heard the arguments and adjourned the case for further hearing on December 7.