Monday, June 17, 2024

SC says it will reverse HC verdict if there are merits

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K Venkateshwarlu
PNS|Hyderabad

Supreme Court Chief Justice DY Chandrachud has refused to grant the stay and status quo on the Telangana High Court’s verdict of handing over the BRS MLAs poaching case to the CBI from the SIT.

Chandrachud stated that if there are merits in the case, it will reverse the High Court verdict. However, the Supreme Court agreed to conduct a trial on February 17.

The Telangana government suffered a setback in the Supreme Court. It had approached the Supreme Court in the MLAs poaching case. A petition was filed in the Supreme Court challenging the High Court verdict. Siddhartha Luthra, Counsel for the BRS government, made a special mention before the Bench of the CJI.

But the Bench refused to grant status quo and made key comments that if there are merits in the case, it will reverse the High Court verdict.

The Telangana High Court has handed over the MLA purchase case to the CBI. The Telangana government filed a petition in the Supreme Court challenging the High Court verdict. Siddhartha Luthra, the Counsel for the government, appealed to the Bench to inquire on February 13. The Supreme Court has made it clear that it will be heard on the 17th, refusing to hear the case in haste.

Despite repeated appeals, the SC refused to take up the case considering it as an emergency one. Siddhartha Luthra argued that there is nothing they can do if the witnesses go into the hands of the CBI. The CJI was told that once the file goes to the CBI, the petition will be watered down. Luthra said that there is already pressure from the CBI to give the files. In this context, status quo orders were requested.

The CJI responded to this and refused to grant stay and status quo. The CJI Bench has made it clear that the case will be heard on 17th of this month. If there is merit in the case, the CBI will be directed to return the given documents. In view of the seriousness of the case, advocate Siddhartha Luthra asked that the trial should be conducted before the 17th. The CJI bench has once again made it clear that the inquiry will be conducted only on February 17.

On the other hand, the High Court CJ Justice Ujjal Bhuyan refused to hear the state government’s plea to stay the verdict. Advocate General (AG) BS Prasad asked that the CBI is pressing for the case files. He said that the CBI has once again written a letter to the CS on Tuesday asking them to give the case files. CJ Justice Ujjal Bhuyan said that after the judgment of the Division Bench, a single judge should not conduct the trial again. Only the Supreme Court will review this, Bhuyan clarified. With this clarification, the Telangana government withdrew its petition.

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