Mahesh Jethmalani, senior SC counsel, concludes arguments

Hyderabad: Senior counsel from the Supreme Court Mahesh Jethmalani, appearing for the three accused in the TRS MLAs poaching case--Ramachandra Bharathi @ Satish Sharma, K. Nandu Kumar and DPSKVN Simhayaji--- argued on Friday before the single bench of the Telangana High Court headed by Justice BollamVijaysen Reddy virtually.

He informed the court that the three accused, as per Article 21 have a right of fair investigation into the case and pointed out various lacuna and objectionable features which contradict a fair investigation.

"In this case, some actions of the investigation agency (SIT) indicate actual bias, some features disclose unfairness, steps taken by the investigation officer are not legitimate and exceed his conduct.". Hence, Jethmalani prayed the court to entrust the investigation to any other SIT as the court deems fit or CBI so that a fair investigation is done. He contended that the Cyberabad police proceeded with the investigation "covertly". "The police had prior information that the three accused will meet complainant Rohit Reddy (MLA) at the farmhouse in Moinabad as all of them had met earlier. Based on the complaint a case was registered on October 26, 2022. Jethmalani questioned the conduct of Rohit Reddy in the case.

He pointed out three major lacunae in this case--the FIR was lodged at 11.30 am on November 26 pursuant to the trap laid by the police and no money was found at the scene of offence, whereas the FIR was sent to the magistrate on the next day at 6.30 am, thereby violating Section 157 Cr PC, which clearly says that the FIR pertaining to the crime should reach the magistrate at the earliest.

"The Supreme Court repeatedly held in many cases that provision under Section 157 CrPC is mandatory, which has to be scrupulously adhered to by the police or else there are chances of evidence getting fabricated".

"Even before the investigation commenced, the Commissioner of Police, Cyberabad Stephen Ravindra, who is not the investigating officer in the case, held a press conference, divulged and disclosed the entire audio, video, tape recorded recordings to the media". "Such evidence, which is out in the media, is not credible evidence and is He cited a judgment (Rajendran Vs. Income Tax Commissioner 2010 15SC C Page 457) in which the Supreme Court said disclosure of evidence to the media at a premature stage is not permissible in law.

"Commissioner of Police, Cyberabad, is not the investigating officer in the case. Public display of audios and videos is impermissible in law; it amounts to unfair investigation". Opposing the action of CP Cyberabad, Jethmalani said "you have prejudiced the minds of the public.. you have already prejudiced… you have shown inclination that the object of your investigation is not salutary, not for the purpose of discovering truth, but to defame the three accused, who are already out on bail".

He pointed out the second lacunae as the three accused not served notices under Section 41A CrPC by the police; this aspect is not denied by the police. In all offences where punishment is less than seven years, the accused should be served with notice under Section 41A CrPC. In the case it did not happen; the accused had to approach the Supreme Court to get bail.

The third lacunae listed by Jethmalani is the entire evidence pertaining to the poachgate viz., audio, video and other material reached the Chief Minister of the State."How did this material travel to the CM and the entire judiciary of the country… the Chief Justice of Telangana High Court and the Chief Justice of India..", he questioned.

Jethmalani said "it is now admitted by the Telangana government that the evidence was sent from the office of the President of TRS party to the entire judiciary… Dushyant Dave, senior counsel appearing for SIT, apologised before the CJ court regarding this issue". Justice Vijaysen Reddy questioned Jethmalani whether he is prejudiced on the issue of evidence being sent to the CM. He replied "I am not concerned with the CM… I am concerned with the police, which has sent the entire evidence to the CM… The CM is not my problem.. The CM is free to do what he wants.. My problem is the police sending it to the CM… that shows unfairness in investigation… "The investigation is done with political motives; it is not a free and fair investigation. Hence, an independent agency should be entrusted with the task of the investigation", Jethmalani averred.

He informed the court that "all the above indicate clear unethical bias on the part of the police… how can anybody think that I am (the three accused) confident of a fair investigation keeping all the above in mind…

"The SIT has violated the mandatory law viz., Section 157 CrPC and no notice under Section 41A CrPC (is given) to the accused.. the entire electronic evidence audio, video, tape-record evidence was sent to the entire judiciary across the State, which was admitted by the State before the CJ court by tendering an unconditional apology by Dave (recorded in the division bench order dated November 15)". While concluding, Jethmalani, said "I don't want to politicise this issue.. I only want a fair investigation". Hence, pray the court to entrust the investigation into this case to an independent investigating agency or CBI. Hearing in the case was adjourned to December 13.

HC summons CS, Prl. Secy for noncompliance of court order

Hyderabad: The Telangana High Court on Friday summoned State Chief Secretary Somesh Kumar and Principal Secretary Municipal Administration Arvind Kumar to appear in person on December 23 for not complying with the orders of the court regarding restoration of heritage structure Hill Fort Palace, despite repeated orders.

Earlier on November 9, the court had also issued similar orders asking the senior officials to furnish a report on the steps taken by the Telangana government for restoration and conservation of the Hill Fort Palace located at NaubatPahad in Hyderabad.

On November 11 also Arvind Kumar didn't appear before the CJ Court stating that he had to attend a marriage in his family, and on Friday also, he didn't attend the hearing citing the Chief Minister'sprogramme. He did not file any affidavit seeking exemption from appearing before thecourt, which irked the court and resulted in Friday's order against Arvind Kumar and the Chief Secretary.

Chief Justice Ujjal Bhuyan, while issuing the above order said that the officials have no regard for court orders... the court orders are casually taken, not implemented.

The division bench was adjudicating the PIL filed by Hyderabad Heritage Trust, seeking a direction to the Telangana government to take up restoration and conservation of the heritage structure Hill Fort.

The Plea of the petitioner is that neither the State government is taking up the restoration work of the Hill Fort Palace nor it is permitting the petitioner to take up such work and in the interregnum, the Hill Fort, which is a heritage structure is damaged.

During the earlier course of hearings, the court had expressed serious concern and dissatisfaction over lackadaisical and lethargic attitude of officials cited in taking up the above work. CJ Bhuyan said, for the last two and half years, the State has not done, even the ground work. Chief Justice Ujjal Bhuyan, during earlier hearings asked officials cited to inform the court as to when they will commence the actual work by furnishing a timeline". On the last date of hearing, despite the assurance of Advocate General Banda Shivananda Prasad, the orders of the high court were not complied with.

Though, an amount of Rs 50 lakh was sanctioned by the Telangana government on the requisition of the Tourism department, for the conservation and restoration of Hill Fort, but the Finance Department didn't give clearance for release of amount. CJ Bhuyan had even summoned Finance Secretary Ramakrishna Rao to court on this issue. The court adjourned the matter to December 23.