Justice B. Vijaysen Reddy of Telangana High Court on Saturday turned down the request of BJP state unit to stay the notice issued to BJP national general secretary B.L. Santosh by Telangana Police’s Special Investigation Team (SIT) probing the four TRS MLAs’ poaching attempt case.
The judge, however, made it clear that Mr. Santosh of Bengaluru should not be arrested since the SIT had already issued notice to him under Section 41A of Criminal Procedure Code. The BJP top functionary should comply with the conditions imposed in the notice issued by SIT. The judge observed that Mr. Santosh should not apprehend his arrest by SIT.
“It needs no mention that when notice under Section 41A of Cr.P.C. is issued, the arrest of a person is not required,” Justice Vijaysen Reddy said in the order. Referring to the contention of BJP that SIT should intimate every stage of investigation to the bench, the judge said the petitioner (BJP) can seek a clarification on the point from the division bench headed by Chief Justice Ujjal Bhuyan.
Earlier, the division bench, while disposing of a plea by BJP to further defer the probe by the SIT in the poaching attempt case, directed that the investigation of the case be monitored by Justice Vijaysen Reddy who heard petitions pertaining to poaching attempt case. The judge passed this order after hearing arguments presented by senior counsel V. Chiambaresh appearing for BJP seeking stay of the notice of Mr. Santosh.
Referring to a separate interim application filed by the State seeking instruction to Delhi Police Commissioner to co-operate with the SIT in serving notice to Mr. Santosh, the judge ordered that the notice should be served to Mr. Santosh without any further delay. The judge permitted the SIT to serve notice to the top BJP functionary through an e-mail or WhatsApp to the Delhi police officer concerned. (EOM)
