Justice B. Vijaysen Reddy of Telangana High Court on Tuesday sought to know from the BJP’s counsel as to why BJP national general secretary B.L. Santosh, who was issued notice by the SIT in MLAs’ poaching attempt case, did not appear before the SIT officials.
The judge asked the counsel of the BJP, which filed a writ petition and subsequently some interim applications seeking probe into the case by special agency, why Mr. Santosh failed to appear before the SIT even after the HC ordered that he should not be arrested. Advocate-General B.S. Prasad, appearing for the State, said that the BJP top functionary did not appear before the SIT deliberately.
He had violated the HC direction by not turning up before the SIT even after getting notice, the AG said. Mr. Prasad said before the bench that a person not complying with the conditions of the notice issued under Section 41A of Criminal Procedure Code (Cr.P.C.) can be arrested by police after obtaining permission of the court. The BJP top leader was trying to elude from police by playing with the HC order, the AG said. This would only lead to criminal prejudice, he observed.
Deputy Solicitor General of India Gadi Praveen Kumar, appearing for the Union government, told the bench that the notice meant for Mr. Santosh was served in BJP office in New Delhi on Sunday as he was not available. Responding to the query from the bench as to why Mr. Santosh failed to appear before SIT, the BJP counsel said that he had to get instructions from his senior counsel as to when Mr. Santosh would appear before the SIT and why he did not turn up as mentioned in the notice.
Earlier, the AG informed Justice B. Vijaysen Reddy that the Supreme Court had set aside the order of the HC’s division bench headed by Chief Justice directing the single judge to monitor progress of the investigation into the case. The SC also set side order of another single judge of the HC passed in a criminal revision petition filed by the three accused in the case.
The judge was hearing three writ petitions, including one filed by BJP State general secretary G. Premender Reddy requesting for probe into the poaching attempt case by SIT, CBI or commission of inquiry. The second writ petition was filed by three accused in the case Ramachandra Bharathi alias Satish Sharma, K. Nandu Kumar and D.P.S.K.V.N. Simhayaji. The third one was filed by an advocate from Karimnagar, B. Srinivas, who too was issued notice by the SIT in connection with the case.
After hearing contentions of the counsels of the petitioners and respondents, the judge posted the matter as first case for hearing on Wednesday.
