Hyderabad: A division bench of Telangana High Court on Monday dismissed the state government’s appeals against handing over the investigation into poachgate, the alleged attempt to poach four BRS MLAs, to the CBI, as had been ordered by a single judge bench last year.
The single judge had on December 26 ordered the transfer of the investigation to the CBI and disbanded the Special Investigation Team (SIT) constituted by the state government to probe poachgate. Challenging this order, BRS MLA ‘Pilot’ Rohit Reddy, the SIT and the state government had filed six appeals and sought a direction to continue the SIT probe.
A division bench comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, however, upheld the orders of the single judge.
The Bench also rejected the request of Advocate-General B.S. Prasad for a stay on the judgment to enable the appellants to move the Supreme Court.
The CBI can now commence its investigation which the division bench had orally halted till the adjudication of the appeals.
The division bench said the appeals were not maintainable before the High Court because the order passed by the single judge was in the context of a criminal subject matter and in the exercise of “criminal jurisdiction”.
The bench cited a judgment of the Supreme Court in ‘Ram Kishan Fauji v Haryana State’ in which it had stated that intra-court appeals cannot be filed before a division bench of the High Court, if the single judge of the same High Court had passed orders in a criminal case. Appeals on the criminal jurisdiction must be filed before the Supreme Court.
The division bench did not delve into the merit of the challenge or to the other aspects in the appeals because it held that the filing of the appeals itself was not maintainable.
Mentioning the finding of the single judge that the rights of the accused were being compromised by leakage of investigation materials and open branding of them as culprits even before the chargesheet was filed, the division bench observed, “This is nothing but a decision rendered in the realm of criminal field; thus exercising criminal jurisdiction as mentioned in Clause 15 of the Letters Patent. Applying the litmus test, it is evident from a combined examination of the substance of the case and the nature and character of the order passed by the learned single judge that the judgment under appeal is clearly within criminal law domain.”
The court considered the arguments of senior counsels D.V. Sitarama Murthy and L. Ravichander, who represented the accused Nanda Kumar and others by referring to Clause 15 of the Letters Patent of Telangana High Court. Considering the limited scope and ambit of Letters Patent appeal, no appeal would lie against the order passed by the single judge in a matter involving criminal jurisdiction, even though it is a decision under Article 226 of the Constitution of India.
2022
Oct. 26: BRS MLA P. Rohith Reddy complains to Moinabad police that three persons allegedly from the BJP, Ramachandra Bharathi, Nanda Kumar and D.P.S.K.V.N. Simhayaji, offered him `100 crore if he joined the BJP. He said the trio offered `50 crore to three other BRS MLAs.
Moinabad police lays trap at Rohith Reddy’s farmhouse, arrests the trio.
Oct. 27: Moinabad police produces accused before ACB court, which rejects remand as the police had not issued 41-A notices
TS BJP leader Gujjala Premendar Reddy approaches HC, seeks transfer of the case to the CBI or a SIT under supervision of the High Court.
Oct. 28: Police challenges ACB order in the High Court.
Oct. 29: Justice Ch Sumalatha of the High Court orders ACB court to allow remand of the accused.
Justice Vijaysen Reddy stays investigation into poachgate.
Nov. 8: Justice Vijaysen Reddy allows police to continue investigation.
Nov. 9: Telangana government constitutes SIT to probe poachgate.
Nov. 10: BJP files appeal before division bench, challenges order to continue investigation.
Nov. 15: Division bench doesn’t stay investigation, directs SIT to report details only to High Court.
BJP approaches Supreme Court against division bench orders.
Nov. 23: Supreme Court rejects BJP plea, allows SIT to continue investigation, says no need for HC supervision.
Three accused move High Court to transfer probe to any independent agency.
Dec. 26: Single judge bench of Justice B. Vijaysen Reddy hands over investigation to CBI, disbands SIT.
2023
Jan. 4: MLA Rohith Reddy, SIT and Telangana government file six appeals before division bench seeking to stop transfer of probe to CBI.
Jan. 18: Oral arguments before the division bench completed.
Jan. 30: Written arguments on behalf of the SIT furnished.
Feb. 6: High Court dismisses appeals, allows CBI to continue probe.
