The Telangana High Court restrained the Special Investigation Team from arresting BL Santhosh, BJP’s national general secretary in relation with the alleged TRS MLAs poaching case. The directions have been passed by the courts while taking note of the fact that a notice of appearance under Section 41A of the Code of Criminal Procedure has been served on BL Santhosh.
Further, it has been directed by the court that Santhosh should appear before the Telangana Police SIT, wherein complying with the Section 41A notice which was issued on November 16.
The bench comprising of Justice B. Vijaysen Reddy observed and has passed an interim order on an application filed by the BJP, wherein seeking to stay the notice issued under Section 41A of the Code of Criminal Procedure, as per which Santhosh was required to appear before the SIT on November 21 in connection with the investigation in the case
In its order it was stated that the notice was issued by SIT under Section 41A CrPC, Santhosh, i.e., the noticee shall not be arrested until further orders. Thus, the noticee shall comply with the conditions imposed by the SIT under Section 41A notice dated 16.11.2022 and the noticee shall co-operate with the SIT authorities as directed under the notice.
Further, the court stated that Santhosh need not have any apprehension of arrest because when a notice under Section 41A is issued and the arrest of the person is not required.
The State BJP in its interim application which is represented by its general secretary Gujjula Premendar Reddy, contended that the SIT was dragging high party functionaries into the case and was issuing notices to unconnected persons. V Chitambaresh, Senior Advocate appearing for the BJP, argued that the SIT should have taken permission from the division bench, which is monitoring the investigation, before issuing the Section 41A notice. It was also contended by him that Section 41A notice is issued to an accused, and if the SIT was fair in its investigation, then it would have issued notice under Section 160 CrPC (the notice to witness).
Accordingly, the court listed the matter for next hearing on November 2.
Last Week, the appeal made by the BJP has been rejected by the division bench of the High Court, wherein seeking to transfer the probe to CBI, Thus, while allowing the SIT for continuing with the probe under the monitoring of the High Court. However, it has been directed by the High Court that it should not report to any political or executive authority. It has also been prohibited by the SIT from leaking the materials collected during the investigation.
