High Court transfers BRS MLAs’ poaching attempt probe to CBI

Court sets aside investigation by the SIT; State government likely to challenge the order

Published - December 26, 2022 08:55 pm IST - HYDERABAD

The Telangana High Court in the evening sun in Hyderabad.

The Telangana High Court in the evening sun in Hyderabad. | Photo Credit: NAGARA GOPAL

Justice B. Vijaysen Reddy of Telangana High Court ordered transfer of investigation into the four BRS MLAs poaching attempt case to the Central Bureau of Investigation (CBI).

Pronouncing verdict in a batch of writ petitions connected to the case, the judge allowed three writ petitions, including the one filed by the three accused in the case, seeking probe into the case by special agency other than Telangana police. The judge, however, dismissed the plea filed by BJP Telangana unit represented by its general secretary G. Premender Reddy seeking probe by a different agency.

The judge noted that BJP was a third party in the matter and hence its petition was not maintainable. The case was between the State and the three persons arrested in the case — Ramchandra Bharati, Kore Nandu Kumar and D.P.V.S.K. Simhayaji.

The office of Advocate General B.S. Prasad, after pronouncement of the judgement, said the judge had consented to keep the verdict in suspension till its final certified copy was made available. The State was gearing up to file an appeal challenging the order, sources in the AG office suggested.

Ordering transfer of the case to CBI, Justice B. Vijaysen Reddy quashed Government Order (GO) No. 63 constituting Special Investigation Team (SIT) to probe the poaching attempt case. The investigation carried so far by the SIT too had been set aside.

A legal battle began soon after Rajendranagar law and order police of Cyberabad registered a criminal case on October 26 under different sections of Indian Penal Code and the Prevention of Corruption Act charging that Mr. Bharati, Mr. Kumar and Mr. Simhayaji offered ₹100 crore BRS MLA Pilot Rohit Reddy to join BJP. The next day, police arrested the three accused and presented them before a local court.

The case took a turn, with the First Additional Special Judge of the ACB Cases rejecting remand of the accused. The same day, BJP moved the HC seeking probe into the case by an independent agency. Meanwhile, police challenged special court order. A single judge set aside that order, instructing the accused to surrender before police.

The three accused moved the Supreme Court by filing a special leave petition. The apex court directed the HC to adjudicate the matter.

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