'How can it go to CBI, Centre controls it': Telangana govt in SC on MLAs poaching case
New Delhi, Feb 17: The Telangana government on Friday, in the Supreme Court, questioned the Telangana High Court decision to transfer to the CBI the investigation into an alleged attempt to poach four Bharat Rashtra Samithi (BRS) legislators.
Senior advocate Dushyant Dave, representing the state government, submitted before a bench headed by Justice B. R. Gavai: "How can I go to the CBI? The allegations are against the BJP in the FIR."
He stressed that the Central government controls the CBI, therefore what is the point of sending it to the CBI? He said the state has evidence against the BJP, while emphasising that it is a very serious issue.
Dave vehemently contended that the judiciary is the only institution to save democracy and the issues involved in the matter would affect the foundation of democracy.
He pointed out that the investigation by the state-appointed SIT was not allowed to move ahead. After hearing submissions, the top court has scheduled the matter for further hearing on February 27.
Earlier this month, the apex court agreed to take up a plea filed by Telangana Police challenging the high court order, upholding the CBI probe into the alleged criminal conspiracy behind an attempt to poach BRS MLAs by the BJP.
A division bench of the High Court on February 6 upheld the earlier order of a single judge on December 26, 2022 transferring the case to CBI.
The plea argued that the high court did not appreciate that the CBI directly works under the Centre and is under the control of the office of the Prime Minister and the Home Ministry. The state government alleged the involvement of some top BJP leaders to poach its four MLAs, was an attempt to topple the government.
The plea said: "The Bharatiya Janata Party is in power in the Central Government and the allegations in the FIR are squarely and directly against the said party adopting illegal and criminal steps and methods to destabilise the Government of Telangana, the Hon'ble High Court therefore could not have entrusted the investigation to CBI in any case."
"The High Court has unnecessarily drawn conclusion that release of the CD by the Chief Minister on 03.11.2022 amounted to interference with the investigation and therefore concluded that investigation was not fair and violated the rights of accused for fair investigation," it added.
Three persons Ramachandra Bharati alias Satish Sharma, Nandu Kumar and Simhayaji Swamy, named as accused have already been granted bail.
According to the FIR, MLA Rohith Reddy alleged that the accused in October last year, offered him Rs 100 crore for leaving the BRS.
It was also alleged that they asked Reddy to bring some more BRS MLAs by offering Rs 50 crore each to join the BJP.
In November last year, the state government had formed an SIT, comprising state police officers to investigate the matter.