Telangana HC suspends SIT notice against BJP’s BL Santosh.

Hyderabad: The Telangana High Court on Friday ordered a suspension of the Special Investigation Team’s notice issued to BJP’s Secretary General BL Santosh under Section 41-A of the Code of Criminal Procedure.

The court issued a cease and desist order after asking the court to revoke the subpoena because Santosh had not stated why he was subpoenaed.

The court said a §41-A notice must set forth the evidence, suspicion, or grounds on which the person was subpoenaed, and suspended the subpoena for lacking a key element. .

Senior Attorney Prakash Reddy, who appeared on behalf of Santosh, said the SIT did not mention any of these in its notice.

On Thursday, the Supreme Court overturned an order from the Telangana High Court to allow “BJP agents” to poach four TRS lawmakers for a court-supervised investigation into a state-established Special Investigation Team (SIT). We investigated the alleged attempt. .

The bench, consisting of BR Gavai Judges and Vikram Nath Judges, said, “Therefore, the disputed judgments and orders dated 15 November 2022 passed by the departmental benches are set aside and reversed.”

On November 15, the High Court Division’s bench refused to forward the investigation to the CBI and asked it to be reported to the SIT under the Chief of Police.

The Supreme Court, hearing a petition by three defendants challenging the High Court’s order, said:

However, the Supreme Court refused to accept the three defendants’ appeals of the surrender order and asked the High Court to expeditiously consider their bail applications.

In an order passed on November 21, the Supreme Court further ruled that a single judge may decide, on its own merits and in accordance with the law, to grant a warrant petition filed by a present petitioner to a possible It added that it was asked to consider it as soon as possible. If possible, he will be within 4 weeks from today. The order in this matter was uploaded to the Supreme Court’s website on November 23rd.

Bench said: bench. “

“We have been informed that the writ petition filed by the present petitioner has already been finalized before a single judge of the High Court on November 29, 2022, and therefore we are inclined to make the aforementioned request. I have.”

The court also expressed its displeasure with comments made by one high court judge, who in turn asked the three defendants to turn themselves in to the police.

On October 26, Cyberbad Police arrested a suspect who tried to induce TRS to switch its MLA to BJP. They were submitted to a special court of the Anti-Corruption Bureau (ACB) and were denied police remand. The Special Tribunal was Arnesh Kumar Vs. Bihar, 2014.

A High Court judge reversed the Special Court’s decision and asked the three to surrender before the Cyberbad Police. One judge said: “The Supreme Court’s parental guidance in the Arnesh Kumar case ruling is not the sword of Damocles when it comes to police officers or magistrates exercising powers of arrest and remand, respectively.”

The Supreme Court, in its order, stated: In addition, it turns out that the reason the fix was allowed is also unsustainable. “

He added, “I have found the High Court’s learned single-judge approach to dealing with current issues to be wholly unacceptable. However, it is expected that when the High Court deals with the judgment of this Court which is binding on everyone under Article 141 of the Indian Constitution, it must be fully respected.”