Telangana approach High Court against transfer of MLA poaching case to CBI

The State government on Wednesday approached the Telangana High Court in an appeal challenging the transfer of the MLA poaching case to the Central Bureau of Investigation (CBI).

It contended that the First Information Report was based on the allegation of trap, authoritatively organized by the accused to bribe the MLAs of the BRS party in an attempt to destroy democracy and as a result, cheat millions of voters who had elected those representatives. In the case involving extremely serious and grave allegations of undermining democracy, rule of law and the existence of a popularly elected government, the single judge should not have interfered, the State contended.

It also pointed out that India should not be hijacked from the course of free and fair elections by mob muscle methods, or subtle perversion of discretion by men. It also stated that delaying tactics by the petitioners should not be entertained by the courts. Stating that giving bribe falls within the offences under the Prevention of Corruption Act, the State contended that the trap was legal, that the accused clearly spoke about the larger conspiracy of high BJP functionaries, and offered bribe to the BRS MLAs to destabilize the duly elected government as has been clearly video recorded and audio tapped.

The court could not have gone into disputed facts at the preliminary stage of investigation to decide that the



investigation was unfair, the State contended. Within 24 hours of the registration of the FIR, the Bharatiya Janata Party had filed a writ petition and obtained a stay of investigation order on October 29.

The Chief Minister’s press conference was held on November 3 to inform people about the serious threat of destabilization of the State government by the BJP and as a political leader, he was entitled to do so, the State pointed out.

The accused approached the court at every stage and they were protected in all aspects. Moreover, when the investigation was handled by an independent agency, the SIT with independent officers of high rank, the court should not have come to the conclusion that the investigation was unfair, the State said.

The accused sought investigation by an independent agency and the SIT was appropriate, and as such, there was no need for the CBI. Without there being direction sought for quashing of the SIT, the judge did so, the State pointed out. None of the grounds relied by the single judge, including the handing over of evidence to the Chief Minister, were sufficient grounds for transferring the investigation, the State government said in its 42-page appeal, and sought to set aside the single judge order transferring the investigation to the CBI.

The appeal is expected to be heard by a division bench of the Telangana High Court on Thursday.