SIT lacks jurisdiction to probe Poachgate, High Court told

HYDERABAD: J Prabhakar, senior counsel appearing for BJP State general secretary T Premender Reddy, on Wednesday told the Telangana High Court that the Special Investigation Team constituted to investigate the TRS MLAs poaching case, lacks jurisdiction to do so since the crime registered in the Moinabad police station falls under the Prevention of Corruption Act.

“When a case is lodged under the PC Act, an official of the rank of SP / joint director shall investigate it. In this case, however, the FIR was registered by an Inspector of Police who was not authorised to do so. The FIR was afterwards referred to the SIT for investigation,” senior counsel told the court.
He said that the SIT officials addressed the magistrate the day before the statement of TRS MLA Pilot Rohit Reddy, the complainant, was recorded under Section 164 CrPC.

“In this instance, Rohit Reddy is the complainant, not the victim. As a result, the SIT officer was not required to take Rohit Reddy’s statement under Section 164 CrPC,” senior counsel argued.

He told the court that the inquiry had some gaps. “The crime occurred on October 26, and the punchnama was written the same day. However, the officials and witnesses signed the punchnama on October 27, 2022,” Prabhakar said.

He also submitted a copy of GO No. 268 with the court. “According to the GO, a specialised investigative team shall look into this situation since crimes are recorded under the PC Act. However, in this case, the local police are looking into it,” Prabhakar said. Arguments will continue on Thursday for the advocate-general to respond to Prabhakar’s contentions.