Thread by @barandbench

The Telangana High Court is hearing an appeal against the single-judge order transferring the ongoing BRS MLA poaching case to the CBI.

#TelanganaHighCourt #MLAPoaching

Senior Advocate Udaya Holla appears for one of th respondents: Fairness in an investigation is an absolute requirment.

#TelanganaHighCourt #MLAPoaching

Sr Adv Holla: There is a lack of objectivity, the Supreme Court has time & again held that if there is a lack of objectivity - it is a case for transfer to the CBI.

#TelanganaHighCourt #MLAPoaching

Sr Adv Holla shows judgments on lack of objectivity.

#TelanganaHighCourt #MLAPoaching

Sr Adv SD Sanjay submits: We have made Chief Minister a party in our petition.

Secondly, there were three IPS officers in the SIT and rest were state officers. State officers are under direct control of the CM. In such situation, can there be a fair investigation?

Sr Adv Dave shows court Telangana High Court Rules: There's a complete misreading of the clause itself.

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave: The order is not in criminal jurisdiction. It is solely a mandamus. Therefore, appeal is clearly maintainable.

Supreme court has made it very clear.

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave: Mandamus is always exercised in the realm of public law, never criminal law.

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave: There is no exercise of criminal jurisdiction here.

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Sr Adv Dave: This cannot be treated in an ingenious way to indulge in forum shopping. Having recieved a beneficial order, now you cannot say that this was a criminal case therefore appeal cannot lie.

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave: The relief here is not to quash the proceedings, it's simply transfer to CBI. Therefore, the arguments of my ld. friend proceeds on a wrong interpretation of the Supreme Court judgment.

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave distinguishes the case from precedent relied on by respondents.

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Sr Adv Dave: The CDs were already produced before the Magistrate and the High Court.

Where is the link between the CM giving these CDs to the press and the investigation being biased?

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave: I respectfully submit that you cannot base your case on bias because you are interfering with the State's duty to investigate. This can only be done in rarest of rare case.

#TelanganaHighCourt #MLAPoaching

Sr Adv Dave: Courts don't usually find lack of faith in the state police for mere asking.

Have the CDs in any way altered the course of investigation? They were caught red handed in a trap. The findings of the single judge are unsustainable.

#TelanganaHighCourt #MLAPoaching

Court rises. Hearing to continue tomorrow at 3 pm.

#TelanganaHighCourt #MLAPoaching