MLA poaching case: High Court reserves writ pleas

Justice B Vijaysen Reddy of the Telangana High Court reserved a batch of writ pleas pertaining to the MLA poaching case for orders.

Hyderabad: Justice B Vijaysen Reddy of the Telangana High Court on Wednesday reserved a batch of writ pleas pertaining to the MLA poaching case for orders. Senior counsel J Prabhakar submitted his arguments representing the BJP Telangana wing. He said neither the SIT nor the Moinabad police or the ACP had the authority to conduct an investigation under the Prevention of Corruption Act. He said even the GO appointing the SIT did not mention the Prevention of Corruption Act and that it was appointed under the Code of Criminal Procedure.

Prabhakar also disputed the documents filed before the courts saying different documents were filed now compared to that before December 1. On his argument that the police had taken a statement of the complainant under Section 164 of the CrPC inappropriately and sought a CBI investigation, the judge pointed out that there were no guidelines on when to record a statement under Section 164. The judge also sought clarifications from the Advocate General on the GO appointing the SIT and adjourned the case to Thursday for clarification.

---

Action against Punjagutta ACP

Justice B Vijaysen Reddy directed the Commissioner of Police to initiate disciplinary action against the Assistant Commissioner of Police, Punjagutta; and K Saidulu, Station House Officer of SR Nagar.

K Madhavi filed a case challenging the inaction of the officers in registering an FIR for offences under the SC and ST (Prevention of Atrocities) Act. T Swetcha, the counsel representing the petitioner, said the action on the complaint was delayed by a month. Only after approaching the High Court was the FIR registered, she said.

According to the Act, the officer, willfully negligent of duties, is liable for a punishment of six months. Moreover, it prescribes strict action against erring and negligent officers, said the counsel. Referring to the counter, she pointed out that admittedly there was a delay on part of the police. The judge then directed disciplinary proceedings within two months and disposed the case.

Sharmila challenges confinement

Telangana State YSRCP president YS Sharmila moved the High Court again on Wednesday in a lunch motion challenging her confinement to her Lotus Pond residence by the Telangana Police.

The judge made it clear that no restrictions could be imposed and directed the police to allow her to move out of her residence. While the Government Pleader for the Home Department informed the court about the incidents of uninformed visits to meet the Governor, Pragathi Bhavan and traffic congestion causing inconvenience to the public, the judge directed Sharmila to obtain requisite permissions while holding public meetings and dharnas in public places.

He also directed the police to make arrangements for the smooth flow of traffic at Lotus Pond, Banjara Hills. Accordingly, the judge disposed of the case.