#SupremeCourt hears Telangana CM Revanth Reddy's plea seeking quashing of trial in "Cash for Votes" case.
Bench: Justice JK Maheshwari and Justice Vijay Bishnoi.
Bench: Justice JK Maheshwari and Justice Vijay Bishnoi.
An interlocutory application has been filed by erstwhile Ministers seeking impleadment in the case and opposing Reddy's quashing plea.
Counsel: We are not strangers to this case. We just want to be heard.
J Maheshwari: Let us understand the case.
Counsel: We are not strangers to this case. We just want to be heard.
J Maheshwari: Let us understand the case.
Senior Advocate Mukul Rohatgi: This is between me and the state. They have no locus.
Rohatgi takes the court through the case.
Rohatgi takes the court through the case.
Rohatgi: A trap was set up before an FIR is registered. The trap is completely illegal because no investigation can commence before registration of FIR under CrPC. No general diary entry and no FIR.
J Maheshwari: No general diary entry? That point is relevant.
J Maheshwari: No general diary entry? That point is relevant.
Rohatgi: The trap was laid, three people were caught giving bribe. I am being prosecuted under section 12 of the PC Act as its stood 2015. It is abetment of section 7 and 11. But in 2010 bribe giver was not under section 7 and 11, only bribe taker. I am an alleged bribe giver
Rohatgi: in 2018 amendment was made to bring bribe giver in the net under section 8. So 12 read with 7 and 11 did not include bribe giver as it stood in 2015.
Rohatgi: assuming I am covered by section 7, 11 and 12, it refers to official acts of an MLA. If in the discharge of official acts if he does this bribe then he may be in the net. Casting of a vote or abstaining from vote of MLC is by an MLA is not an official act as there is no compulsion to cast a vote. That is an alternate argument.
Rohatgi takes the court through section 12 of Prevention of Correction Act as it stood in 2015.
Rohatgi: whoever abets an offence under sections 7 and 11 whether that is committed or not, so attempt is included, will be punishable with...
Rohatgi: whoever abets an offence under sections 7 and 11 whether that is committed or not, so attempt is included, will be punishable with...
Rohatgi takes the Court through sections 7 and 11.
J Maheshwari: So earlier it was abetment of section 7 and 11 and now...
Rohatgi: Now it is abetment of any offence in the whole Act. Which is logical
Rohatgi: Now it is abetment of any offence in the whole Act. Which is logical
Matter to continue at 2:15 PM.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
