Thread by @LiveLawIndia

#SupremeCourt to hear Telangana police’s plea against Telangana HC's order transferring a probe into an alleged attempt by Bharatiya Janata Party to poach 4 Bharat Rashtra Samiti (ruling party) MLAs, from an SIT formed by the state govt to CBI.

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Bench comprises Justices Sanjiv Khanna & MM Sundresh. Senior Advocate Dushyant Dave is appearing for Telangana police.

Read our coverage of the last hearing.

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livelaw.in/top-stories/te…

Khanna J: We will hear you out on a non-miscellaneous day. There are two things: One, whether this appeal is maintainable & on merits. It will take time. This will go to July.

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Dave (for state police): Let status quo be maintained in the meantime.

Khanna J: Is investigation happening now?

Mahesh Jethmalani (for BJP): I'm told CBI has taken over...

Dave: No no...

Khanna J: Don't continue the investigation now.

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Khanna J: ...Making it very clear. Don't continue investigation while the matter is with us. It will become infructuous.

Jethmalani: We will have to tell CBI...

Khanna J: Please do that, otherwise we will have to pass interim orders.

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Khanna J: ...The thumb rule is when the matter is sub judice with this court...

Jethmalani: Yes yes, I am not arguing with that at all.

Dave: I have asked the chief secretary, CBI has not taken over.

Jethmalani: My learned friend is right.

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Khanna J pronounces the order, "List on a non-miscellaneous day in the week commencing July 31. Counsel for the petitioner has stated that they have not handed over papers & docs relating to the investigation to CBI."

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