New Delhi: The Supreme Court on Friday directed Telangana Chief Minister A Revanth Reddy to not interfere with the functioning of the prosecution, while declining to transfer the trial in the 2015 cash-for-vote case, involving Reddy and others, from Telangana to Bhopal.
The apex court also said that in future, if the petitioners, BRS MLA Guntakandla Jagadish Reddy and others, find that there is an interference by Reddy in the case, and if there is foundational basis for the same, the court can always consider their request on transfer of trial outside the state, saying that it is to keep the CM “under control”.
A bench comprising justices B R Gavai and KV Viswanathan said: “We direct the respondent number 2 (Telangana Chief Minister) that he shall not in any way interfere with the functioning of the prosecution in the proceedings of which transfer is sought. The director general of the anti-corruption bureau will not report to respondent number 2 with regard to the above-mentioned cases”. Reddy’s counsel told the court that the plea seeking transfer of trial in the case was filed with a "political motive".
The apex court was hearing a plea filed by BRS MLA Guntakandla Jagadish Reddy and three others who had sought transfer of the trial in the case from Telangana to Bhopal.
The apex court said it is not inclined to entertain the present petition at this stage and added, “we find that the present petition is only on the basis of the apprehensions….”. The apex court said it is not keen to accept the contention of the petitioners’ counsel that the prosecution should be supervised by a retired judge.
“We will not consider the prayer at this stage. Petition is only filed on the basis of apprehensions, there is no foundational basis for such an apprehension. We are of the view that the aforesaid direction would take care of an independent and fair trial of the proceedings”, said the bench.
“In the event, in future, if the petitioners find that there is an interference by respondent number 2, and if there is foundational basis for the same, the court can always consider granting such a prayer”, said the bench, in its order.
Senior advocate Mukul Rohatgi, representing the Chief Minister, said this may not be necessary and requested the bench to avoid the last part of the order. “That is also to keep respondent number 2 under control here….today there is no material but if they come with a material…”, said Justice Gavai.
On May 31, 2015, Revanth Reddy, then with the Telugu Desam Party, was apprehended by the ACB while allegedly paying a Rs 50 lakh bribe to Elvis Stephenson, a nominated MLA, for supporting TDP nominee Vem Narendar Reddy in the legislative council elections. Apart from Revanth Reddy, the ACB had arrested some others. All of them were later granted bail.
The plea filed by GuntaKandla Jagadish Reddy and three others through advocate P. Mohith Rao stressed on the need for a free and fair trial, and had urged the apex court to transfer the case to Bhopal, Madhya Pradesh. The petitioners include a former deputy chief minister and former ministers of Telangana.
The plea, seeking transfer of the trial to Bhopal, has raised the issue of a free and fair trial saying that Revanth Reddy has now become the chief minister as well as home minister of Telangana.
The plea said, “the accused no.1 who is prime accused in CR. No.11/ACB-CR1-HYD/2015 has become the Chief and Home Minister for the State of Telangana having 88 criminal cases pending against him and under these circumstances as the Accused No.1 has the direct control over the prosecution it is understood that there cannot be any possibility for free and fair trial which is sine qua non of Article 21 of the Constitution”.
The plea said if the trial is continued by the principal judge for trial of cases at Hyderabad, Telangana then the rule of law will be vitiated and the judicial fairness, criminal justice system would be at stake shaking the confidence of the public at large.
