Bharat Rashtra Samiti MLAs poaching case: Supreme Court asks CBI to not begin investigation

NEW Delhi: The Supreme Court of India on Monday orally asked the Central Bureau of Investigation to not begin an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana’s Bharat Rashtra Samiti legislators, as reported by LiveLaw.

A division bench of Justices Sanjiv Khanna and MM Sundresh was hearing the state police’s plea against a decision of the Telangana High Court to transfer the probe from a special investigation team appointed by the state government to the CBI. Justice Khanna categorically said, “We are making it very clear. The investigation is not to be continued while the matter is sub judice or it will become infructuous.

That is the thumb rule. Do not continue the investigation. Otherwise, we will have to pass interim orders.”

Senior Advocate Dushyant Dave, appearing for the Telangana Police, informed the bench that the investigation had not yet been handed over to the central agency.

“I have asked the chief secretary. The CBI has not taken over,” he said. The Bharatiya Janata Party was represented by senior Advocate Mahesh Jethmalani who added, “My learned friend is right.”

Noting that the matter would have to be heard at length, the bench decided to list it on a ‘non-miscellaneous day’ (reserved for after notice or adjourned matters).

Justice Khanna pronounced, “List on a non miscellaneous day in the week commencing from July 31. Counsel for the petitioner has stated that they have not handed over papers and documents relating to the investigation to the CBI.”