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regular-article-logo Monday, 06 May 2024

Supreme Court restrains CBI from MLA poaching case

While the BJP opposes a probe by the state’s special investigation team and prefers a CBI probe, BRS-ruled Telangana has challenged the state high court’s transfer of the case to the central agency

R. Balaji New Delhi Published 14.03.23, 03:08 AM
The Supreme Court

The Supreme Court File picture

The Supreme Court on Monday orally restrained the CBI from taking over the investigations into the alleged BJP attempts to poach on Bharat Rashtra Samithi MLAs in Telangana.

While the BJP opposes a probe by the state’s special investigation team (SIT) and prefers a CBI probe, BRS-ruled Telangana has challenged the state high court’s transfer of the case to the central agency.

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Monday’s directive by the bench of Justices Sanjiv Khanna and M.M. Sundresh comes at a time Opposition parties have accused the Narendra Modi government of misusing its investigative agencies to arm-twist its political opponents.

The bench orally asked the CBI to maintain status quo after senior advocate Mahesh Jethmalani, appearing for the BJP, conceded the statement of senior advocate Dushyant Dave, representing the Telangana government, that the state had not yet handed the case over to the central agency.

“We are making it very clear. Let the investigation be not continued while the matter is sub judice or it will become infructuous,” Justice Khanna told Jethmalani.

In a written order, the bench said: “List on a non-miscellaneous day in the month commencing July….” Tandur MLA Pilot Rohith Reddy of the BRS had on October 26 lodged an FIR alleging three people had offered him a bribe of Rs 100 crore and some central PWD contracts to join the BJP.

He alleged the trio had warned that he would be implicated in false criminal charges if he rejected the offer.

The Telangana government formed an SIT to probe the allegations. But the BJP approached the high court seeking transfer of the inquiry to the CBI on the ground of possible state bias.

A single judge declined the plea, and the BJP’s appeal to a division bench failed in November. However, the division bench asked the single judge to monitor the SIT probe to dispel the fears of possible bias.

The BJP appealed to the Supreme Court which, on November 21, set aside the high court’s order and asked it to consider the matter afresh.

In December, the single judge referred the matter to the CBI and the state’s appeal before the division bench was dismissed, prompting a challenge in the apex court.

Dave had at the earlier hearing opposed a CBI probe, saying: “The BJP is in power at the Centre, the allegations are against them, (and) the CBI is under them — so it makes no sense.”

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