HYDERABAD: Stating that the three accused in the TRS MLAs poaching case have a right to fair inquiry, Mahesh Jethmalani, senior SC counsel, on Friday pointed out to Justice B Vijaysen Reddy of the Telangana High Court several flaws and undesirable elements that he said contradict fair investigation. Jethmalani put forth his arguments virtually on behalf of Ramachandra Bharathi, Nanda Kumar, and Simhayaji.
He said that in the instant case, some of the investigation agency’s actions indicate actual bias, some features reveal unfairness, and steps taken by the investigation officer are not legitimate and exceed conduct. He prayed the court to entrust the investigation to any other SIT or CBI as the court deemed fit.
Senior counsel said that the Cyberabad police proceeded with the investigation “covertly” since they had prior information that the three accused would meet the complainant Rohit Reddy at the farmhouse. He questioned the conduct of Rohit Reddy in the matter.
Senior counsel pointed out three major flaws in this case -- the FIR was lodged at 11.30 am on October 26 pursuant to the trap laid by the police and no money was found from the scene of the offence, whereas the FIR was sent to the magistrate the following day at 6.30 am thereby violating Section 157 Cr.PC.
He said that even before the inquiry began, Cyberabad Police Commissioner Stephen Raveendra, who was not the IO, revealed to the media the audio and video clips. Evidence which has been circulated in the media is not trustworthy and not acceptable in a court of law since it must be scientifically confirmed authentic by forensic specialists, Jethmalani said.
He said that the three accused were not issued notices under Section 41A Cr.PC, which the police do not deny. He said that the third flaw was that evidence relating to the case, including audio and video clips, reached the chief minister. “How did this material get to the chief minister, the whole judiciary of the country... the Chief Justice of Telangana High Court and the Chief Justice of India?” Jethmalani asked.