The Supreme Court asked why the High Court considered the petition filed by a political party in the case of baiting Terasa MLAs.
giving bail in cash possession cases as well .
Today, Delhi: ‘Why did the High Court consider the petition filed by a political party in the case of baiting Terasa MLAs? Accused Ramachandra Bharati, Simhayaji and Nandakumar approached the Supreme Court challenging the Telangana High Court’s remand in this case. A two-judge bench comprising Justice B.R. Gavai and Justice B.V. Nagaratna took up the hearing on the petition on Friday. Senior advocate KV Viswanathan appeared on behalf of the petitioners. He said that in spite of the Supreme Court’s order that the accused should not be arrested without giving 41 (A) notice in cases punishable by less than seven years, they were arrested contrary to that. The bench was told that the complainants complained to the regular police and not to the surveillance team and they were trapped. Siddhartha Luthra, the advocate for the state government, said that the Bharatiya Janata Party had approached the High Court seeking a stay on the investigation. Viswanathan, counsel for the accused, clarified that they have nothing to do with BJP’s petition. He told the bench that they are being torn between BJP and Teras and if someone files a petition they blame them. Government counsel Luthra questioned who they (BJP) are to approach the court. Justice BR Gavai intervened at this stage. He opined that the High Court should question the eligibility of that party to file the petition. “In trap cases, the accused are usually released on the same day… even the money has not been seized,” the bench said. Luthra said that the police can arrest them if they think they have committed a crime. When the bench asked what happened in the High Court investigation, Luthra replied that their hands were tied by keeping the investigation pending by the High Court. After the arguments.. ‘Pending petitions in this court as well as in the High Court are not an obstacle for the ACB court to take up the investigation on the bail petitions of the accused. Investigation may be conducted as per rules. The trial court can consider the petitions based on the precedents of the case,’ the bench said in its order. The hearing was adjourned to Monday. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same. When the bench asked what happened in the High Court investigation, Luthra replied that their hands were tied by keeping the investigation pending by the High Court. After the arguments.. ‘Pending petitions in this court as well as in the High Court are not an obstacle for the ACB court to take up the investigation on the bail petitions of the accused. Investigation may be conducted as per rules. The trial court can consider the petitions based on the precedents of the case,’ the bench said in its order. The hearing was adjourned to Monday. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same. When the bench asked what happened in the High Court investigation, Luthra replied that their hands were tied by keeping the investigation pending by the High Court. After the arguments.. ‘Pending petitions in this court as well as in the High Court are not an obstacle for the ACB court to take up the investigation on the bail petitions of the accused. Investigation may be conducted as per rules. The trial court can consider the petitions based on the precedents of the case,’ the bench said in its order. The hearing was adjourned to Monday. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same. “The pending petitions in this court as well as in the High Court are not an obstacle for the ACB court to take up the investigation of the bail petitions of the accused. Investigation may be conducted as per rules. The trial court can consider the petitions based on the precedents of the case,’ the bench said in its order. The hearing was adjourned to Monday. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same. “The pending petitions in this court as well as in the High Court are not an obstacle for the ACB court to take up the investigation of the bail petitions of the accused. Investigation may be conducted as per rules. The trial court can consider the petitions based on the precedents of the case,’ the bench said in its order. The hearing was adjourned to Monday. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same. Even after that, counsel for the government Luthra repeatedly appealed to the bench to order the trial court to consider the remand application filed by them. The bench warned him that the accused will be granted bail if he asks for the same.
