MLA Poaching Case: Telangana HC stays Section 41-A notice on Jaggu Swamy

Justice K Surender of the Telangana High Court also extended the stay granted in favour of BL Santosh

Hyderabad: Justice K Surender of the Telangana High Court on Monday stayed the notice under Section 41-A of the Criminal Procedure Code issued by the Special Investigation Team probing the MLA poaching case to Kerala-based Dr Jaggu Swamy alias Jaggu Kottilil. The judge also extended the stay granted in favour of BL Santosh.

Jaggu Swamy had sought quashing of the 41 A notice and the look out circular against him, contending that the State police were making enquiries against him in an objectionable manner at his workplace. Even his family members were terrorised, he said. Senior counsel Pattabhi Vemulapathi, representing Jaggu Swamy, argued that the police had breached norms required under the Section 41 A notice. He said the police had served the notice through email and on the same day, a look out notice was also issued. It cannot be ordered through a Section 41-A notice to bring material evidence and documents before the investigating officer, he argued.

Advocate General BS Prasad said no one was above the law and that once the investigation agency issues a notice, it has to be complied with. We cannot go into the mind of the investigating officer, he said, adding that investigation into a high profile case like this could not be stalled at this stage.

After hearing both the parties, the judge stayed the notices till December 13, directing the investigation agency to submit their counter.