NEW DELHI: Questioning the High Court’s order of transferring the investigation into the BRS MLAs poaching case to the CBI, the government of Telangana on Monday informed the Supreme Court that CBI in past has only been ordered to investigate when there is the involvement of State police in the crime and not otherwise.
Terming the consequences of transferring the case to CBI which is under BJP’s control as serious, senior advocate Dushyant Dave told the bench headed by Justice BR Gavai that the order “goes to the heart of democracy.”
“If CBI is allowed to investigate, then that would be a grave miscarriage of justice,” Dave added. “BJP itself, at two stages, said that they don’t want CBI investigation. There is a record of it. There was also no evidence that SIT investigation was interfered with in any way. I respectfully submit that this matter should be finally heard. It’s very serious. Goes to the heart of democracy.
BJP is in power at the Centre, it is accused. How can CBI investigate? Where is a question of CM interfering with the investigation? They have sought to bring down his government by illegal means. How did he interfere by holding a press conference? You can make allegations, but those allegations need to be substantiated on rational grounds. We are a regional party, and BJP is a national party trying to destabilise. All members of the opposition party are in jail,” Dave submitted.
Dismissed plea
The submissions were made in the Telangana government’s plea against HC’s December 26 and February 6 orders. The High Court on December 26 issued orders, transferring the poaching case to CBI. It also quashed the government order to constitute the SIT and the investigation carried out by it as also the probe conducted by an assistant commissioner of police in the initial stages. Although the State had approached HC against December 26 order, the bench dismissed its appeal on February 6.
Terming HC’s order of allowing SIT to investigate under the court’s monitoring as “fair”, Dave further said: “It cannot go to CBI. How can CBI investigate? In every case, the investigation agency will come on TV to discuss everything. This has become the order of the day. Take the example of the arrest of Mr Sisodia,” Dave said.
“SIT has a right. It is where the offence has been committed. There can be court monitoring. How many cases coming from (BJP ruled States) are transferred to CBI? How many of them are transferred back to the State police? If CBI is allowed to investigate, then that would be a grave miscarriage of justice. Merely vague allegations were made long before the press conference, and no one made a party — neither BRS as a party nor the chief minister. This court has said allegations of mala fide cannot even be examined where the person has not been joined. We are a society governed by rule of law. Therefore, the court should insist on a high degree of proof. Do not shut your eyes to reality. It is not about BJP, or BRS, but our democracy that little man who voted them into power,” Dave submitted.