MLAs Poaching Case: HC Orders Fresh Notice To B L Santosh

The Telangana High Court on Wednesday directed the Special Investigation Team (SIT) to issue a fresh notice to BJP general secretary B L Santosh under Section 41A of Criminal Procedure Code.

The High Court, which reviewed a petition in the MLAs poaching case, asked the SIT to serve the notice through email and WhatsApp to the BJP leader.

The SIT had approached the High Court claiming that Santosh was not cooperating in the investigation by not appearing before it, and urging that directions be given to him to appear before them.

After listening to the arguments of the Advocate General, Justice B Vijayasen Reddy asked the SIT to serve the fresh notices to the BJP leader. The judge however dismissed the plea by the State to lift the stay on the top BJP functionary's arrest.

The SIT has also been directed to file a status report on the investigation on November 29. The next hearing will take place on November 30.

The BJP leader was already served a notice under Section 41A of Criminal Procedure Code. He was directed to appear before SIT on November 21. And the High Court had on November 19 turned down Santosh's request to stay the notice issued to him. Despite that, he, however, stayed away from the SIT, leading to the SIT approaching the court and seeking direction from it to Santosh to appear for questioning.

The court felt that it was the responsibility of the BJP leader to ensure that he makes himself available to the SIT. The judge however made it clear that Santosh should not be arrested, and observed that Santosh should not apprehend his arrest and should comply with the conditions imposed in the SIT notice.

The High Court also heard an application filed by the Telangana government seeking instruction to the Delhi Police Commissioner to cooperate with the SIT in serving notice to Santosh. The judge ordered that notice should be served to the top BJP functionary without any further delay.