Addressing the bench, senior counsel Dushyant Dave expressed fear over the possible destruction of evidence if the case is transferred.
Telangana Chief Minister and TRS chief K Chandradhekar Rao, at a press conference in Hyderabad on Thursday, 3 November, 2022, shows "evidence" of people involved in the "cash for MLAs" case being linked directly to the BJP. (Supplied)
The Telangana government has argued in the Supreme Court against handing over the “Cash for MLAs” case to the CBI.
Appearing on behalf of the government on Monday, 27 February, senior counsel Dushyant Dave expressed fear over the possible destruction of evidence against those who tried to lure the four BRS MLAs into the BJP if the case is transferred to the CBI.
He said that the Telangana High Court division bench had once supported the single judge’s decision for CBI’s investigation and opposed it on another occasion.
He alleged that the BJP filed the petition in the high court against the continuation of the investigation by the SIT with the intention to derail its investigation.
During the course of the hearing, the bench — comprising Justices BR Gavai and Manoj Mishra — pointed out that it was not proper for the chief minister to send pen drives containing evidence directly to them.
The court was referring to a press conference held by Telangana Chief Minister K Chandrasekhar Rao where he played video tapes that he said showed the three BJP emissaries attempting to lure the four BRS MLAs before they were arrested by the police.
KCR had promised to send the evidence to every media house and judge in the country.
In his reply, Dave said that the evidence should not have been sent to the judges directly. But he reiterated that since the BJP was in power at the Centre, the investigation would not be transparent if given to the CBI.
The bench also countered Dave’s argument against the CBI, asking him how the investigation can be free under the SIT as it is under the state government’s control.
Dave also recalled how the investigation agencies were cracking down on leaders of Opposition parties that are in power in states and also reminded the court that the BJP had brought down governments in eight states through dubious and questionable methods.
The arrest of Delhi Deputy Chief Minister Manish Sisodia in Delhi vindicated how the BJP was using the investigation agencies, he said.
Dave wondered why the CBI does not arrest any leader belonging to the BJP, but was ready to go after leaders of other parties. He pointed out that CBI had become a caged parrot under the control of the Centre.
Hearing on the case was adjourned but no new date was given.
CBI mounting pressure
During the 17 February hearing in the apex court, Dave had said that the CBI and ED were leaking information to the media and sought the court to at least restrain the agencies from exerting pressure and sought more time for putting forth his argument.
When the apex court heard the case on 7 and 8 February, Dave and Sidharth Luthra had argued that if the investigation goes into the hands of the central agency, it might go in the wrong direction. They had sought the court to stay the order of the Telangana High Court.
They had submitted to the apex court notice that CBI had already begun exerting pressure on the state government to hand over all documents pertaining to the case and hence the request for a stay.
At that time the apex court, while refusing to stay the high court order, however, allayed the fears of the senior counsels that if the investigation went in the wrong direction, the court could always reverse it.
The CBI has written as many as five letters to the Telangana chief secretary seeking the handing over of all the files related to the Cash for MLAs case to the agency.
The Telangana government is yet to respond to the request.
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