State moves Telangana HC seeking stay on order transfering MLA poaching case to CBI

The State government moved the Telangana High Court in a lunch motion seeking a suspension of the single judge order transferring the MLA poaching case to the CBI

Hyderabad: The State government on Tuesday moved the Telangana High Court in a lunch motion seeking a suspension of the single judge order transferring the MLA poaching case to the CBI.

On Monday, the division bench of the High Court had refused to interfere with the single judge order stating that it had no jurisdiction to entertain the appeal. It held that the Supreme Court alone had jurisdiction to entertain the appeal on the single judge verdict which was rendered in the exercise of criminal jurisdiction. On Tuesday, the State filed a petition before the single judge and sought suspension of the order till it approached the Supreme Court in an appeal.

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Justice B Vijaysen Reddy of the High Court suggested on Tuesday to the State government to approach the division bench headed by the Chief Justice to seek clarification on the maintainability of the petition before him. L Ravichander, senior counsel for the accused, argued that once the case went to the division bench in an appeal, the State could not return to the single judge. Justice Reddy enquired with the Advocate General BS Prasad about the status of the case and time required for approaching the Supreme Court, following which the AG told the court that the case was not yet transferred to the CBI and mentioned that the CBI was pressurizing the State to transfer the case. He also told the judge that the State required a week to file an appeal before the Supreme Court, adding that he would also seek a clarification from the Chief Justice bench on Wednesday.

The judge may hear the petition on Wednesday subject to the decision of the Chief Justice bench.