Contending that police officials probing MLAs poaching attempt case passed on crucial details of the evidence to the Chief Minister, senior counsel of Supreme Court Mahesh Jethmalani on Friday said that clearly indicated the ongoing investigation was not fair.
The senior advocate, presenting arguments through video conference before the bench of Justice B. Vijaysen Reddy of Telangana High Court, said he was not concerned with what the CM said in a press conference about the accused Ramchandra Bharathi, Nanda Kumar and Simhajayi in the case. Mr. Jethmalani, however, said he had objections over the police sending the evidence of the case to the CM.
There were several points like the police arresting the accused without issuing the mandatory notice under Section 41A of Criminal Procedure Code and the crucial details of evidence in the case being sent to Supreme Court Chief Justice and Chief Justices of different High Courts that prove the probe was biased and unfair, he said. Citing an apex court verdict, he said disclosure of evidence to media even as investigation was under way cannot be permitted under law.
The judge posted the matter for Tuesday.