MLA poaching case: High Court reserves writ pleas

Justice B Vijaysen Reddy of the Telangana High Court on Wednesday reserved a batch of writ pleas pertaining to the MLA poaching case for orders. Senior counsel J Prabhakar submitted his arguments representing the BJP Telangana wing. He said neither the SIT nor the Moinabad police or the ACP had the authority to conduct an investigation under the Prevention of Corruption Act. He said even the GO appointing the SIT did not mention the Prevention of Corruption Act and that it was appointed under the Code of Criminal Procedure.

Prabhakar also disputed the documents filed before the courts saying different documents were filed now compared to that before December 1. On his argument that the police had taken a statement of the complainant under Section 164 of the CrPC inappropriately and sought a CBI investigation, the judge pointed out that there were no guidelines on when to record a statement under Section 164. The judge also sought clarifications from the Advocate General on the GO appointing the SIT and adjourned the case to



Thursday for clarification.

Justice B Vijaysen Reddy directed the Commissioner of Police to initiate disciplinary action against the Assistant Commissioner of Police, Punjagutta; and K Saidulu, Station House Officer of SR Nagar.

K Madhavi filed a case challenging the inaction of the officers in registering an FIR for offences under the SC and ST (Prevention of Atrocities) Act. T Swetcha, the counsel representing the petitioner, said the action on the complaint was delayed by a month. Only after approaching the High Court was the FIR registered, she said.

According to the Act, the officer, willfully negligent of duties, is liable for a punishment of six months. Moreover, it prescribes strict action against erring and negligent officers, said the counsel. Referring to the counter, she pointed out that admittedly there was a delay on part of the police. The judge then directed disciplinary proceedings within two months and disposed the case.