The CBI has already written to the Telangana chief secretary asking for all files pertaining to the Cash for MLAs case.
The bench consisted of Chief Justice DY Chandrachud and Justice JB Pardiwala. (Creative Commons)
The decks have now been cleared for the CBI to take over the investigation of the “Cash for MLAs” case from Telangana police’s Special Investigation Team (SIT).
The Supreme Court on Wednesday, 8 February, said it would take up the state’s petition against handing over the probe to the CBI only on 17 February, even as the Telangana High Court refused to suspend its order of 26 December transferring the case to the central investigation agency.
The Supreme Court, admitting the petition, adjourned the hearing to 17 February, despite senior counsel Siddharth Luthra seeking an earlier listing on 13 February.
A bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala allayed Luthra’s fears that any delay in hearing the petition might result in the CBI taking over the case.
The bench assured him that Supreme Court could always reverse the proceedings of the CBI, if necessary.
The Cash for MLAs case involves an attempt by three alleged emissaries of the BJP to poach four MLAs of the ruling BRS in Telangana by offering them a total of ₹250 crore to jump ship.
The case later saw the SIT investigating high profile people such as BJP National Secretary (Organisation) BL Santhosh and the Kerala head of the National Democratic Alliance (NDA) Tushar Vellapally.
It was on the plea of the accused the a single judge of the Telangana High Court transferred the case to the CBI, a decision which the state government has been seeking to overturn.
In fact, the CBI has been waiting in the wings to take over the case and has already written to the Telangana chief secretary to hand over all the files pertaining to the case and the evidence that the SIT has gathered thus far, as soon as the division bench dismissed the review petition by the state government on Monday.
The CBI is expected to commence the investigation even though the state has moved the Supreme Court since there is no stay on the high court’s order or even its temporary suspension.
In Telangana High Court on Wednesday, when Advocate General BS Prasad made a mention in the chief justice’s court — as suggested by the single judge on Tuesday — the chief justice refused to entertain the plea and said the single judge cannot hear the petition for suspension of the order, as the division bench had already given its verdict.
The chief justice’s bench made it clear that a single judge cannot review a division bench’s verdict and pointed out that the decision of the Supreme Court in this regard would be final.
The Telangana government, in its interlocutory petition before single judge Vijaysen Reddy on Tuesday, had sought the suspension of the order which he originally delivered on 26 December, which was upheld by the division bench on Monday.
The state sought the suspension of the order to enable it to file a special leave petition (SPL) in the Supreme Court seeking the scrapping of the CBI investigation into the Cash for MLAs case.
The government wanted the suspension of the order transferring the case to CBI since it feared that the central investigation agency, once it takes over the case, would destroy the evidence which the SIT had painstakingly collected.
The government had also brought to the notice of the single Judge that the joint director of the CBI had written to the chief secretary asking for the files no sooner than the division bench upheld the 26 December order, which only showed how eager it was to take over the case.
The counsels appearing for the three accused in the Cash for MLAs case, and BJP state general secretary G Premender Reddy, opposed the advocate general’s argument on the grounds that the state cannot approach the single judge for the suspension of the order which a division bench had already dismissed.
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