The Telangana High Court transferred the probe to the Central Bureau of Investigation on December 26, noting that the State CM, K. Chandrashekar Rao, himself branded the accused in the BRS MLA Poaching case as conspirators, and thus it cannot be said that the SIT probe is being done in an unbiased and fair manner (CBI).

Importantly, the Court stated unequivocally in its 98-page order that the accused's constitutional and statutory rights appear to have been forgotten in the political squabble between the BJP and the TRS Party.

The bench of Justice B. Vijaysen Reddy made these observations while dissolving the Special Investigation Team (SIT) that had been investigating the case up to this point and ordering the CBI to conduct a new investigation into the matter. 

The court noted in its order that the SIT in the case was formed to cover up the lapses of the investigation officers; however, because the CM of the State had made public the investigation CDs / material, the accused would have reasonable apprehension about the fair and unbiased investigation, giving the court a reason to transfer the probe.

“ When accused are condemned publicly and branded as conspirators levelling serious allegations by none other than the Hon’ble Chief Minister by conducting Press Meet and circulating the videos to the important Constitutional Functionaries, even before charge sheet is filed and at the initial stages of the investigation, it cannot be said that investigation is being done in an unbiased and fair manner,” the Court remarked.

The Court also inquired as to how the CM obtained access to the material gathered by the SIT, and since the state government was unable to provide an explanation, the Court observed that claiming that no prejudice was caused to the accused is unreasonable and unacceptable. 

In these circumstances, the Court determined that serious prejudice had been caused to the accused, who have been publicly labelled as conspirators, depriving them of their rights to effectively defend the criminal proceedings and avail themselves of their legal remedies under the law.

“ These events run contrary to the fundamental concept of criminal law jurisprudence that every accused is deemed to be innocent until proven guilty,” the Court further added.

Importantly, the Court emphasised that in a given case, actual bias does not need to be proven; rather, the accused must demonstrate a legitimate and reasonable fear of bias, taint, and unfair investigation. 

In this regard, the single judge relied on the Supreme Court's decision in the case of Babubhai vs State Of Gujarat & Ors, which held that not only a fair trial but also an unbiased investigation are constitutional rights guaranteed under Articles 20 and 21 of the Indian Constitution.

In light of this, the Court ruled that the formation of a SIT under the Government will not change the situation, especially since an authority other than the Hon'ble Chief Minister himself has openly circulated the videos and labelled the accused and members of organised crime as conspirators.

“ The entire episode and turn out of events is something unprecedented and incomprehensible and unhesitatingly, this Court holds that the accused have made out a case for transfer of investigation,” the Court remarked as it ordered to transfer the probe to the CBI.

This development comes just days after the Supreme Court directed the single judge to consider the writ petition filed by three accused in the case – Ramachandra Bharti, Kore Nandu Kumar, and D. P. S. K. V. N. Simhayaji – requesting that the investigation be transferred to the CBI on its own merits and in accordance with the law within four weeks. 

On October 26, Pilot Rohith Reddy, MLA of Tandur Assembly, filed a first information report alleging that three accused persons met with him and asked him not to run as a Bharat Rashtra Samithi (BRS) candidate. Instead, he was allegedly asked to resign from the BRS and join the BJP, with a "amount of Rs 100 crores besides contract works of the Central government" offered in exchange.
 

Case title: Bharatiya Janata Party & Ors v State of Telangana 
Case Citation: WRIT PETITION Nos.39767, 40733, 42228, 43144 and 43339 of 2022
Link: http://tshcstatus.nic.in/hcorders/2022/206300397672022_7.pdf