On Wednesday, the state government filed an appeal with the Telangana High Court, challenging the transfer of the MLA poaching case to the Central Bureau of Investigation (CBI).
It claimed that the First Information Report was based on the allegation of trap, authoritatively set up by the accused to bribe MLAs of the BRS party in an attempt to destroy democracy and, as a result, cheat millions of voters who had elected those representatives. The single judge should not have intervened in a case involving extremely serious and grave allegations of undermining democracy, the rule of law, and the existence of a popularly elected government, the State contended.
It also stated that mob muscle methods or subtle perversion of discretion by men should not be used to divert India from the path of free and fair elections. It also stated that the petitioners’ delaying tactics should not be tolerated by the courts. Saying that giving bribe falls within the offences under the Prevention of Corruption Act, the State contended that the trap was legal, that the accused clearly spoke about the larger conspiracy of high BJP functionaries, and offered bribe to the BRS MLAs to destabilize the duly elected government as has been clearly video recorded and audio tapped.
The court could not have looked into disputed facts during the preliminary stage of the investigation to determine that the investigation was unfair, the State contended.
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On October 29, the Bharatiya Janata Party filed a writ petition and obtained a stay of investigation order within 24 hours of the FIR being registered.
The Chief Minister held a press conference on November 3 to inform people about the BJP’s serious threat to destabilize the State government, and as a political leader, he was entitled to do so, the State pointed out.
The accused appeared in court at every stage and were fully protected. Furthermore, because the investigation was handled by an independent agency, the SIT, with independent officers of high rank, the court should not have concluded that the investigation was unfair, the State added.
The accused sought investigation by an independent agency and the SIT was adequate; thus, the CBI was unnecessary. The judge quashed the SIT without being directed to do so, according to the State. The State government stated in its 42-page appeal that none of the grounds relied on by the single judge, including the handing over of evidence to the Chief Minister, were sufficient grounds for transferring the investigation to the CBI, and sought to overturn the single judge’s order transferring the investigation to the CBI.
On Thursday, a division bench of the Telangana High Court will hear the appeal.
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