On Monday, Justice K Surender of the Telangana High Court stayed the Special Investigation Team’s notice under Section 41-A of the Criminal Procedure Code issued to Kerala-based Dr Jaggu Swamy alias Jaggu Kottilil in the MLA poaching case. The stay granted in favor of BL Santosh was also extended by the judge.
Jaggu Swamy had sought the revocation of the 41 A notice and the lookout circular issued against him, claiming that the State police were conducting illegal investigations against him at his workplace. According to him, his family members were also terrorized. Senior counsel Pattabhi Vemulapathi, who represented Jaggu Swamy, argued that the police had violated the norms required under the Section 41 A notice.
He stated that the police served the notice via email and that a lookout notice was also issued on the same day. It cannot be ordered under Section 41- A notice to bring material evidence and documents before the investigating officer, he argued.
Advocate General BS Prasad said no one was above the law and that once the investigation agency issues a notice, it has to be complied with. We cannot go into the mind of the investigating officer, he said, adding that an investigation into such a high-profile case could not be stalled at this point.
Following a hearing with both parties, the judge stayed the notices until December 13, ordering the investigation agency to submit their counter.
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It is worth noting that SIT named senior BJP leader B L Santhosh and three others as accused in the case of the alleged conspiracy to poach four TRS MLAs, officials said.
Based on their findings, the SIT filed a memo in a special Anti-Corruption Bureau (ACB) court here, adding the names of Santhosh and two persons from Kerala–Jaggu Swami and Tushar Vellapally, along with B Srinivas, as accused persons in the case.
Three people — Ramachandra Bharati alias Satish Sharma, Nanda Kumar, and Simhayaji Swamy — were already named as accused in the case after a complaint was filed against them on October 26 by TRS MLA Pilot Rohith Reddy, one of four legislators.
According to the FIR copy, Rohith Reddy claimed that the accused offered him Rs 100 crore in exchange for leaving the TRS and running as a BJP candidate in the next Assembly election.
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