MLAs poaching case: BJP has no locus standi to file petition says Addl A-G
HC orders at 10.30 am today
One petition was filed by Kore Chitralekha, wife of Kore Nandu Kumar, who is accused no.2, seeking to declare the action of the State government and the police in undertaking biased and unfair investigation in FIR no 455/2022 on the file of Moinabad PS 'illegal'. She sought transfer of the investigation to CBI or alternatively to constitute a special investigation team to conduct the inquiry.
The other petition was filed by the State BJP, represented by its general secretary G Premendar Reddy, alleging that the action of the State government and the police in undertaking biased and unfair investigation with the sole intention to frame the BJP and damage its reputation at the instance of the ruling dispensation 'illegal' and transfer the investigation to CBI or special investigation team.
Justice Reddy observed that the court will decide first about the locus standi in both cases. He queried what is the status of the cases.
On behalf of petitioner-BJP, counsel J Prabhakar argued that the State and the police were biased in the investigation. The case is a subject matter of investigation. The TS CM has case material and it has been supplied to CJI, CJs of high courts, political parties and even distributed to press. This is a gross violation of rules in the investigation, he argued.
Additional Advocate-General Ramchandra Rao informed the court that in the FIR neither the petitioner party (BJP) nor its general secretary's name is mentioned. The party has no locus standi to file the petition; what grievance they do have we don't understand, he argued.
The accused 1 Ramachandra Bharathi alias Satish Sharma, possesses more than five Aadhaar cards; accused 2 Nanda Kumar and accused 3 is Simhayaji Swami. The BJP is not named as accused in the case. There is no locus standi to contend before the court, AAG briefed.
He informed the court, on September 26, Ramachandra Bharati @ Satish Sharma of Delhi and Nandu Kumar who hails from Hyderabad, both of BJP, had met the complainant Tandur MLA Rohit Reddy and negotiated with him to not to contest as a TRS candidate and to join BJP by quitting the party and to contest in the next election from BJP. For this they offered Reddy Rs 100 crore.
Rao said, the two accused also offered civil and other Central government Contracts and high Central government positions for monetary benefits. They also threatened the complainant if he doesn't join the BJP criminal cases will be booked and there will be raids by ED and CBI.
The AAG informed, on October 26 the accused again contacted Reddy at farm house in Aziz Nagar, Moinabad, and informed him to mobilise other TRS MLAs and offered each a bribe of Rs 50 crore each; their main intention was to destabilise the State government.
"Moreover, the writ petition is filed by BJP on October 27; on the same night at 8.30 the three accused have been remanded. At this stage how can the party say the investigation is biased", Rao contended.
The AAG closed his arguments, stating that "they are seeking investigation by CBI;under whose authority CBI is working. The accused specifically stated that CBI, ED and IT departments are all under them."
On behalf of Chitralekha, senior counsel from Bengaluru Uday Hulla argued that to deviate from the issue false allegations were made against the accused. "This is a fit case for investigation by CBI", he argued.
After hearing the arguments, Justice Reddy adjourned the case for orders to November 8 at 10.30 am.
Renovated HC canteen opened
Chief Justice of the Telangana High Court Ujjal Bhuyan on Monday inaugurated the HC advocates renovated canteen.
Later CJ and other judges, Advocate-General Banda Shivananda Prasad, Bar Association president V Raghunath, secretary Jalli Narender and executive committee members had lunch.
The CJ said the canteen 'is useful for advocates and their clerks who have a hectic schedule in court cases'. He stressed on the need to take timely lunch and snacks so that the advocates get strength.