The High Court of Telangana on Monday handed over the investigation to the Central Bureau of Investigation regarding the alleged poaching of four MLAs belonging to the ruling Bharat Rashtra Samithi (BRS) by some individuals accused of having links with the Bharatiya Janata Party (BJP).
The Single-Judge Bench of Justice Vijayasen Reddy further dissolved the Special Investigation Team (SIT) formed by the Telangana government, which was currently probing the politically-sensitive case.
The SIT said it will challenge the High Court order.
Welcoming the decision, BJP leader and Advocate N Ramachander Rao said that Chief Minister K. Chandrashekar Rao had disclosed during a press conference that he had access to all the tapes recorded as part of the sting operation. In such a circumstance, a probe by SIT could not have been impartial, he added.
On November 16, the High Court had ordered that the special investigation team (SIT) appointed by the Telangana government to investigate the alleged attempts made by BJP to poach four Legislators of the ruling BRS, earlier the Telangana Rashtra Samiti, will report to Justice Reddy.
The Bench of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy directed the SIT not to report to any political or executive authority, but to the Single-Judge Bench of the High Court.
The seven-member team, headed by Hyderabad Police Commissioner C.V. Anand, will be supervised by Justice Reddy, it added.
On November 15, the Bench had passed a slew of directions for an independent SIT probe along with liberty to approach a Single-Judge Bench for further permissions required, if any, for investigation.
The High Court further directed the authorities to refrain from interfering in the investigation by the SIT.
It observed that considering the political sensitivity of the case, it was important that the probe was conducted in a fair and professional manner, away from any political influence.
The Bench further directed against selective leakage of investigation or material gathered during investigation, while asking Hyderabad Police Commissioner C.V. Anand, who is also the Chairman of SIT, to ensure that the directions issued by the High Court were followed scrupulously.
The High Court noted that Justice Reddy, who had been hearing petitions related to the case, shall monitor the investigation and pass orders on the basis of materials, including the progress of investigation to be submitted before him in sealed cover by the SIT from time to time.
The first report regarding the progress of investigation will be submitted by SIT in a sealed cover to Justice Reddy on November 29, it added.
Other members of the SIT include Rama Rajeshwari, IPS, SP, Nalgonda; Kalmeshwar Shingenavar, IPS, DCP, Crimes, Cyberabad; R.Jagadishwar Reddy, DCP, Shamshabad, Cyberabad; N.Venkateshwarlu, SP, Narayanpet; B.Gangadhar, ACP, Rajendranagar Division, Cyberabad; and Laxmi Reddy, SHO, Moinabad Police Station, Cyberabad.
Five petitions were filed seeking CBI probe. While three were filed by the accused, one was moved by BJP and the last one by a lawyer. The petition filed by BJP challenged the Single-Judge Bench order passed by Justice B. Vijaysen Reddy on November 8, lifting the stay on probe by the State Police into the poaching allegations by TRS.
A first information report (FIR) in the case was lodged by the respondent for criminal conspiracy and other sections under the Indian Penal Code (IPC) as well as under Section 8 of the Prevention of Corruption Act.