Hyderabad: The Supreme court bench comprising Justice BR Gavai, and Justice Aravind Kumar heard the BRS MLA Poaching case on Monday.
Senior advocate Dushyant Dave, representing the state government, requested the case be transferred back to the Special Investigation Team (SIT) from the Central Bureau of Investigation (CBI) and asked for the Telangana High Court verdict to be struck down.
He told the bench that CBI is under BJP and that it should not investigate the issue.
Earlier this month, the apex court agreed to take up a plea filed by Telangana Police challenging the high court order which upheld 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 the 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.
(With inputs from IANS)
