Telangana HC directs SIT to serve fresh notice to BL Santhosh in Cash for MLAs case

The petitioner submitted to the court that though a notice was served to Santhosh to appear before the SIT on 20 November, he did not turn up, and therefore it wanted a direction to the BJP leader to comply with the request of the police to present himself.

The court, responding to the plea of the police, asked the SIT to serve a fresh notice with a specific date and time under 41 (A) of the CrPC. It also suggested that the notice be sent to him by email and WhatsApp.

Counsel for the government said that the police had a right to serve notice to anyone if they suspected that the individual may have something to do with the offence being probed.

Santhosh not cooperating: SIT

BL Santhosh (left) during the Gujarat election campaign. (BL Santhosh/Twitter)

He told the court that the Supreme Court did not stay the investigation into the case by the SIT. He said that though notice had been sent to Santhosh, he was not cooperating with the investigation.

Arguing on behalf of Santhosh, counsel Mahesh Jethmalani told the court that Santhosh was busy with Gujarat elections, to which the high court asked how much time he needed to appear before the SIT.

The AG, meanwhile, said that the SIT had to file a report before the Chief Justice bench by 29 November, and if Santhosh did not cooperate, the investigation would slow down.

The government counsel sought the lifting of the orders that Santhosh should not be arrested, but the HC turned the plea down.

The high court later adjourned the case to 30 November, after asking the petitioner to file a report on the investigation thus far into the case by 29 November.

In another twist in the tale, the police slapped another case against Faridabad priest Ramachandra Bharati, this time for holding a fake passport. Bharati is the main accused in the case.

The police found that he held a passport in the name of one Kumar Sharma of Karnataka. The cops discovered a copy of the fake passport on Ramachandra Bharati’s laptop and iPhone.

Recently, the police registered a case against him for holding multiple PAN and Aadhaar cards and driving licences.

What does Section 41 A of CrPC say?

In cases where no arrest is required, a notice could be issued directing the person against whom a reasonable suspicion exists that he has committed a cognizable offence, and must appear before any place as may be specified in the notice.

When the notice is issued, it shall be the duty of that person to comply with its terms.

When such a person complies and continues to comply with the notice, they shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that they ought to be arrested.

If such a person fails to comply with the terms of the notice or is unwilling to identify themselves, the police officer may, subject to such orders as may have been passed by a competent court on this behalf, arrest them for the offence mentioned in the notice.