In a significant development in the sensational TRS MLAs poaching case, the Telangana High Court on Saturday, October 29, set aside the lower court's order rejecting the remand of the three accused allegedly linked to BJP. Meanwhile, the court heard a petition from BJP on the matter and stayed the investigation into the poaching case, asking the state government, union government and the Central Bureau of Investigation (CBI) to file a response. Earlier on Thursday, the BJP had approached the high court demanding that a national agency such as the CBI must probe the alleged poaching. Justice Bollam Vijaysen Reddy passed interim orders deferring investigation in the case, Deccan Chronicle reported.
Regarding the remand of the accused, the high court directed Ramachandra Bharathi alias Satish Sharma, Kore Nanda Kumar alias Nandu and Simhayaji to surrender before Cyberabad police within 24 hours. It also asked the lower court to send the accused to remand if the police produce them again. Justice Chillakur Sumalatha passed the orders on a criminal revision petition filed by the Cyberabad police seeking to set aside the ACB special court judge's order rejecting the remand of the accused.
The First Additional Special Judge for SPE and ACB cases had rejected the remand application of the accused when they were presented before him late on Thursday night. The judge observed that the police failed to comply with the mandatory procedure of issuing notices to the accused under section 41A of the Criminal Procedure Code.
Challenging this order, the Cyberabad police approached the High Court. The High Court judge observed the lower court did not take into consideration the Supreme Court judgment about notices under section 41 of CrPC. The judge noted that if the investigating officer feels that there is no need for issuing notice, he can act accordingly.
The three accused alleged to be BJP agents were arrested by the police from a farmhouse at Moinabad near Hyderabad on the night of October 26 when they were allegedly trying to lure four MLAs of TRS with offers of huge money. Cyberabad police conducted the raid on a tip-off by Pilot Rohit Reddy, one of the MLAs. He alleged that the accused offered Rs 100 crore to him and Rs 50 crore each to three other MLAs.
The accused were booked under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act. They were produced before a magistrate on the night of October 27 but he refused to send them to judicial custody, citing a lack of evidence. Following the court orders, the police had released the accused. Later, the police approached the Telangana High Court challenging the orders of the lower court.
Audio tapes of a purported telephonic conversation between Ramachandra Bharati and Rohith Reddy were leaked by the TRS on Friday. The tapes had a few persons discussing a 'deal' to poach TRS MLAs and also mentioned the names of some top BJP leaders.
With IANS inputs