Cash for MLAs case: Supreme Court asks CBI not to proceed with probe; next hearing on 31 July

SC was hearing a plea by the Telangana against a high court order handing over the Cash for MLAs probe to the CBI.

BySouth First Desk

Published Mar 13, 2023 | 7:09 PMUpdatedMar 13, 2023 | 7:09 PM

Screengrab of the video of the people allegedly involved in the "cash for MLAs" case in Telangana. (Supplied)

In a blow to the CBI, the Supreme Court on Monday, 13 March, asked the Central investigative agency not to proceed with its probe into the alleged attempt by emissaries of the BJP to poach four BRS (formerly TRS) MLAs in 2022.

Posting the matter for hearing on 31 July, a bench of Justice Sanjiv Khanna and Justice MM Sundresh orally observed that the CBI should not proceed in the matter.

The Supreme Court bench said it is making it very clear that the CBI probe in the cash for MLAs case should not be continued while it is seized of the matter.

The Supreme Court bench was hearing a plea by the Telangana Police against the high court order handing over the investigation of the cash for MLAs case to the CBI.

Since then, the CBI has written five letters to the Telangana government seeking all the material and evidence gathered by the Special Investigation team (SIT) set up by the state to investigate the case.

The Telangana Police informed the court that it has not so far handed over the case material to the CBI.

Related: Congress wants to be part of Cash for MLAs case in high court

Telangana Police oppose CBI probe

Appearing for the Telangana Police, senior advocate Dushyant Dave strongly opposed the transfer of the probe to the CBI.

Earlier, Dave had argued that the consequences of transferring the case to CBI, which was allegedly under the Centre’s control, would be serious. He had submitted that it would impact the heart of democracy.

A division bench of the Telangana High Court had on 6 February upheld the earlier 26 December, 2022, order of a single judge transferring the case to the CBI. The Telangana Police had moved the apex court challenging this order.

The Telangana police have contended that the high court did not appreciate that the CBI directly works under the Centre and is under the control of the office of the prime minister and the Home Ministry.

The state government alleged the involvement of some top BJP leaders to poach its four MLAs, was an attempt to topple the government.

Related: Telangana High Court hands over ‘Cash for MLAs’ probe to CBI

‘BJP could hack CBI probe’

The plea said, “The Bharatiya Janata Party is in power in the Central government and the allegations in the FIR are squarely and directly against the said party adopting illegal and criminal steps and methods to destabilise the government of Telangana, the Hon’ble high court, therefore, could not have entrusted the investigation to CBI in any case.”

The plea further added, “The high court has unnecessarily drawn the conclusion that release of the CD by the chief minister on 03.11.2022 amounted to interference with the investigation and therefore concluded that investigation was not fair and violated the rights of accused for a fair investigation.”

Three persons, Ramachandra Bharathi alias Satish Sharma, Hyderabad hotelier Nanda Kumar and Simhayaji Swamy, named as accused in the cash for MLAs case have already been granted bail.

According to the FIR, MLA Rohith Reddy alleged that the accused in October last year, offered him ₹100 crore and if he quit the BRS.

It was also alleged that they asked Reddy to bring some more BRS MLAs by offering them ₹50 crore each to join the BJP.

In November last year, the state government formed an SIT, comprising state police officers to investigate the matter.