The Telangana High Court on Tuesday lifted stay on police investigation into the sensational MLAs' poaching case.
Justice B. Vijaysen Reddy allowed the police to continue its investigation and withdrew the stay order passed earlier in the case.
The judge observed that continuing the stay on the investigation for a longer period in such a case is not proper.
The court, however, decided to continue hearing on the petition by the BJP for handing over the case to the Central Bureau of Investigation (CBI) or any other independent agency.
The judge felt that there was a need for further hearing on the petition. Directing the police to file a counter on the progress in the investigation, he adjourned the hearing to November 18.
The court's order paved the way for expediting the investigation in the case. With the court lifting the stay, the police are now likely to seek custody of the three accused for further questioning.
The High Court is hearing a batch of writ petitions filed by the BJP and three accused.
During the arguments, Additional Advocate General, J. Ramachandra Rao questioned the the BJP's relation to the accused, noting that the accused threatened the MLAs with cases by the Enforcement Directorate and the CBI. He further argued that the CBI is under the control of the Union Home Department and hence, the BJP wants it to investigate.
Satish Sharma, alias Ramachandra Bharati, a priest from Faridabad in Haryana, Simhayaji, pontiff of Srimanatha Raja Peetham in Tirupati, and Nandakumar, owner of a restaurant in Hyderabad are accused of luring four TRS MLAs to join the BJP.
The three accused, said to be BJP agents, were arrested by the police from a farmhouse at Moinabad near Hyderabad on the night of October 26 when they were allegedly trying to lure four MLAs of the TRS with offers of huge money.
Cyberabad police conducted the raid on a tip-off by Pilot Rohit Reddy, one of the MLAs. He alleged that the accused offered Rs 100 crore to him and Rs 50 crore each to three others.
The accused were booked under various sections of the Indian Penal Code (IPC) and Prevention of Corruption Act.
The high court on October 29 had stayed the ongoing investigation into the case and asked the state government and other respondents to file the counter on BJP petition.
Another single judge bench of the High Court on the same day set aside the order of a lower court rejecting custody of three accused. The judge asked the lower court to send the accused to judicial custody upon their production by the police.
Cyberabad police subsequently arrested the accused and produced before them the First Additional Special Judge for SPE and ACB Cases who sent them to judicial custody for two weeks.
