BRS MLAs’ poaching case: Telangana HC rejects interim plea against probe transfer to CBI

The Division Bench headed by Chief Justice Ujjal Bhuyan rejected the prayer of the Telangana State, requesting to accord permission to Justice B Vijaysen Reddy to hear the Interim Application

MLAs poaching case: High Court rejects Telangana Govt plea, transfers case to CBI
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HYDERABAD: In a further jolt in the BRS MLAs’ poaching case, the Telangana High Court on Wednesday rejected the plea of the State Government for a hearing by a single judge on its interim application seeking stay on the transfer of the probe to the Central Bureau of Investigation (CBI). The Division Bench headed by Chief Justice Ujjal Bhuyan rejected the prayer of the Telangana State, requesting to accord permission to Justice B Vijaysen Reddy to hear the Interim Application. The Telangana Government, in its interim application, requested the single judge to stay his order dated 26-12-2022, handing over the investigation of the BRS MsLA poaching case to the CBI.

When Telangana Advocate General Prasad made this request, Chief Justice Ujjal Bhuyan, heading the division bench, said " The single judge has passed orders on 26-12-2022 and against that order, the State preferred appeals before this Division Bench and this Court dismissed all appeals as not maintainable on 6-2-2023.

“The order passed by the Chief Justice Bench is final and the single judge cannot invoke his jurisdiction and again hear any plea in this case. Any order against our order, will be the in Supreme Court only,” the CJ said.

Earlier, citing as grounds for his plea, the advocate general claimed that the CBI had been exerting pressure on the SIT to hand over the case files and had once again written to the special investigation team for this purpose.

Reacting to the plea, the Chief Justice wondered how anyone could go in appeal before a single judge against the orders of a division bench. In this context, the division bench made it clear to the Telangana advocate general that the verdict of the Supreme Court would be final.

On Tuesday, Justice Vijaysen Reddy advised the Telangana advocate general to seek the permission of the Chief Justice when the prayer was put before him.

Simultaneously, the Telangana Government on Tuesday also approached the Supreme Court seeking a stay on the High Court order transferring the investigation of the BRS MLAs’ poaching case to the CBI.

Counsel for Telangana Dushyant Dave also appealed to Chief Justice of India D Y Chandrachud to expedite the hearing on the petition while expressing apprehensions that evidence could be destroyed. The CJI, while asking the senior counsel to make a mention of it on Wednesday, also informed that the petition would any how come up for hearing during next week.

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