Poachgate Case : Issue 2nd notice to BJP leader Santosh says High Court

Hyderabad: Justice Bollam Vijaysen Reddy of the Telangana High Court on Wednesday directed the Special Investigation Team (SIT) to issue a second notice under Section 41 A CrPC to B L Santosh, national BJP general secretary (Org on his e-mail and WhatsApp.

The court directed Advocate-General Banda Shivananda Prasad to file counter-affidavits in the main writ petition and all interim applications (IAs) filed by all such persons who have been issued notices by SIT.

Mahesh Jethmalani, senior counsel, Supreme Court, appeared for three accused. Ramachandra Bharathi @ Satish Sharma, K Nandu Kumar, and DPSKVN Simhayaji, in the TRS MLAs poaching case.

While advancing arguments, he apprised the court about the four-week timeline fixed by the Supreme Court on October 29 directing Justice Reddy to adjudicate as expeditiously as possible, the main writ petition finally.

When the judge queried Mahesh as to whether the accused had applied for bail or not, he informed that they will file the bail petition before the HC on November 24.

Further arguing the case, Mahesh brought to notice the judge's observation of the Supreme Court in its order dated October 29 stating orders of the Chief Justice Bench are not sustainable in law.

The division bench headed by Chief Justice Ujjal Bhuyan and Justice C V Bhaskar Reddy directed the single bench of Justice Vijaysen Reddy to monitor the entire investigation of SIT and to submit the progress of the investigation directly to the single judge and not divulge details to any political executive or political. When the Supreme Court quashed and set aside the orders of the division bench headed by the Chief Justice, the court passed orders directing the State to constitute a fresh Special Investigation Team, monitored by the judge or hand over the investigation to any other investigating agency viz., CBI or the same SIT will continue the investigation as the three accused before the Supreme Court contended that they do not have any faith/confidence in SIT constituted by the State government as they apprehend the investigation won't be fair. Intervening when Justice Vijaysen Reddy queried Mahesh whether the judge (Vijaysen Reddy) can monitor the case himself.

Responding, he informed the court that the judge can monitor the investigation till the charge sheet is filed, and buttress his contention, he can place numerous judgments delivered by the SC constitutional benches. The Advocate-General reiterated his arguments, which he made in the morning session, ie Santhosh should be directed to appear before the SIT. He went a step further and pleaded that the immunity granted to Santhosh from arrest should be removed, which was declined. The judge said Santhosh had responded to the notice and sought some more time to appear before the SIT citing his hectic political activity. "Notice (BL) should be given sufficient time to appear" Judge Vijaysen Reddy observed. Further, Prasad insisted the court direct SIT to issue a fresh Notice to Santhosh as he had not appeared before SIT, complying with procedures under Section 41A CrPC.

Additional Advocate-General J Ramchandra Rao objected to orders dated November 15 passed by the CJ bench directing the single judge to monitor the investigation. "The order is quashed/set aside by the SC", he added. Rao pleaded before the judge to modify the order of November 19 insulating Santosh from arrest by the SIT. Despite such protection, Santosh has not appeared. Hence, he sought a direction to remove such a shield, which was declined by the court.

Once Justice Vijaysen Reddy turned towards Vaidyanathan Chidambaresh, counsel for BJP represented by its general secretary Premendar Reddy and queried him when Santosh will appear before SIT. The latter informed that the court should direct the SIT to grant ample time to Santosh for appearing before SIT because he is a prominent politician at a national level and he is busy with political activity. Chidambaresh said the notice issued to Santosh should not be suffocating… he should be given some breathing time to appear before SIT.

After hearing all parties, Justice Vijaysen Reddy directed SIT to issue a second notice to Santosh via e-mail and WhatsApp and adjourned the case to November 30 for a final hearing. He asked the State and SIT to file counter-affidavits and complete their pleadings in all cases.

In the morning session, the Advocate-General informed Justice Vijaysen Reddy that in entirety the delaying tactics of Santosh are nothing but to scuttle the investigation and the court should take note of it. The Additional Advocate-General informed the court that Santosh was delaying his appearance before SIT with malicious intent to destroy electronic evidence, which is a crucial aspect of the investigation.

"What if Santosh destroys data in his cell phone", he questioned, "It will be of no use, if Santhosh appears before SIT leisurely, after the destruction of pivotal evidence. If that be so the main purpose of SIT will be defeated".

N Ramchander Rao, former MLC and senior counsel appearing for BJP refuted contentions of A-G and Additional. AG. He informed the court that the bona fides of Santosh cannot be doubted. "He is a law-abiding citizen and adheres to orders of the court. Santosh wrote a letter to SIT expressing his inability to appear now as he is busy with political activities. The question of destroying evidence is ruled out because the entire evidence is in SIT custody.

HC directs the accused to appear before SIT

Bhusarapu Srinivas, an advocate from Kothirampur, Karimnagar, one of the accused in the TRS MLAs poaching case, on Wednesday filed an interim application in the Telangana High Court single bench of Justice Bollam Vijaysen Reddy during lunchtime in the main writ petition filed by the State BJP, represented by its general secretary Premendar Reddy.

The petition alleged that the Special Investigation Team (SIT) is insisting he furnish material information, which is not in his possession, and that it is harassing him to appear every day.

Justice Reddy directed Srinivas to appear before the SIT on November 25 at 10.30 am