“Transfer of probe to CBI would result in the miscarriage of Justice”: Dushyant Dave
The background of the case is that on 26th October, a member of the Telangana legislative assembly filed an F.I.R. that the members of the BJP had come up to him offering 100 crores and the contract of the central government. Moinabad police station registered the F.I.R.
Then a petition was filed by BJP to transfer the matter to the CBI. The Telangana high court, in November, ordered that the investigation can be carried on by the Telangana police, but the same was rejected by the supreme court, and it took the matter to itself to decide the matter of transfer.
As per Dushyant Dave, if such a transfer of the case to CBI takes place, then it would be resulting in a gross miscarriage of Justice. Dave alleged that they are a regional party that is constantly fighting BJP, and if the matter is given to the CBI, then it would not result in an impartial investigation.
Dave had been representing the Telangana Police and appeared before Justices B.R Gavai and Aravind Kumar while hearing the plea of the Telangana police for the transfer of the probe from the Telangana police to the CBI. He was worried that since the BJP is the ruling party at the centre, the investigation would not be able to take place freely. Mr. Dave also made it clear that no interference was made by the state government in the already ongoing investigations by the Telangana Police.
The chief minister of Telangana, Chandrashekhar Rao, in a press conference, released the recording where the alleged poaching is said to be taking place. As per BJP, the showing of the video means that it is a false plan on the part of the petitioners. To this, Mr. Dave responded that Chandrashekhar Rao is the leader of the party, and due to this reason, he is entitled to bring into light the false accusations on his party.
Dave also alleged that the government has been using federal agencies, that is, CBI and ED are being used as instruments to attack the opponents. He said that this will be detrimental to the democracy of the country.
After the submission was made by Mr. Dave, the submissions had to be made by Mahesh Jethmalani, who will be appearing for the Bharatiya Janata Party. He will be heard on the next date of hearing, which has been postponed till the Holi vacation
Case Title: Assistant Commissioner of Police v. Bharatiya Janata Party
Written By – Shianjany Pradhan
