[MLA Poaching Case] Serious error in ordering CBI under BJP to probe BJP: TRS government to Telangana High Court

The Telangana High Court on Wednesday reserved its verdict in a plea by the State government against the December 2022 order transferring the ongoing Bharat Rashtra Samithi (formerly Telangana Rashtra Samithi) MLA poaching case to Central Bureau of Investigation (CBI) from the Special Investigation Team (SIT) [The State of Telangana v Bharatiya Janata Party Telangana]..A bench of Chief Justice Ujjal Bhuyan and Justice N Tukaramji heard arguments by the State government at length over the course of multiple hearings before reserving their judgment. .Senior Advocate Dushyant Dave, appearing for the State government, said that entrusting the probe against BJP and its leaders with the CBI was irrational since the CBI itself functions under the BJP government at the Centre. "With greatest respect to the learned judge, he has fallen into serious errors in ordering CBI investigation. The accused will investigate itself? CBI which is directly under BJP will investigate? What exercise of power is this? Was it really justified? Discretion must be exercised on some judicial principles," Dave said.He argued that the findings of the single-judge were unsustainable and courts don't usually find lack of faith in the state police for mere asking. "It has nothing to do with Chief Minister. It is not that he gave a press statement and then police registered FIR. After the press conference, investigation has been stalled by one order or the other", the senior counsel contended. The senior counsel further argued that the respondents had failed to show how the press conference held by the Chief Minister impacted the investigation. "We have four senior officers in SIT! no allegations against them. In what manner has the press conference interfered in the investigation? How has it made the investigation unfair?".On the other hand, the respondents defended the single-judge's order submitting that the Supreme Court had time and again held that when there was a lack of objectivity, a case must be transferred to the CBI."There were three IPS officers in the SIT and rest were state officers. State officers are under direct control of the Chief Minister. In such situation, can there be a fair investigation?", they asked. .The petition challenged an order passed by Justice B Vijaysen Reddy to transfer the probe in the matter to the CBI while noting that the accused were condemned publicly and branded as conspirators by none other than the Chief Minister of the State K Chandrashekhar Rao and these incidents called into question the fairness of the SIT probe..The judge had noted that the CM himself circulated videos about the accused to important Constitutional functionaries, even before charge sheet in the case was filed and at the initial stages of the investigation."Constitution of SIT under the Government will not alter the situation, more particularly, when an authority none other than the Hon’ble Chief Minister himself has openly circulated the videos and branded the accused and members of the organised crime as conspirators. The entire episode and turn out of events is something unprecedented and incomprehensible and unhesitatingly, this Court holds that the accused have made out a case for transfer of investigation," the single-judge held..The Court stressed that actual bias need not be proved and it would suffice if legitimate and reasonable apprehension of bias, taint and unfair investigation is made out by the accused.