The
Supreme Court on Thursday said it will appoint a special prosecutor to conduct
trial in the 2015 cash-for-vote scam case in which Telangana Chief Minister A
Revanth Reddy is an accused.
The
top court was hearing a petition seeking transfer of the trial in the case from
the state to Bhopal.
A
bench of Justices B R Gavai, P K Mishra and K V Viswanathan said it will
consult colleagues from Telangana and pass an order at 2 pm.
At
the outset, senior advocate C Aryama Sundaram, appearing for Bharat Rashtra
Samithi (BRS) MLA Guntakandla Jagadish Reddy and three others, sought transfer
of trial saying the Telangana CM has been publicly making statements on the
case.
"Only
on apprehension, how can we entertain...If we entertain such petitions, we will
be disbelieving our judicial officers," the bench observed.
Sundaram
submitted that Telangana CM is himself the Home Minister.
"There
is a rule of natural justice that no person should be a judge in his own
cause," he said.
The
bench then said it will pass orders to appoint an independent public prosecutor
to inspire confidence.
On
May 31, 2015, Revanth Reddy, then with the Telugu Desam Party, was apprehended
by the anti-corruption bureau (ACB) while allegedly paying 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, 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.
"Because
a true and fair trial is sine qua non of Article 21 of the Constitution, which
declares that a criminal trial has to be unbiased, and without any prejudice
for or against the accused, the trial has to be impartial and uninfluenced
which is the fundamental requirement of a fair trial and the first and the
foremost imperative of the criminal justice delivery system," stated the
plea, filed through advocate P Mohith Rao.
It
said if a criminal trial is not free and fair, the criminal justice system
would undoubtedly be at stake, eroding the confidence of a common person in the
system which would not augur well for the society at large.
"Because
most of the prosecution witnesses were examined in chief and the accused no.1
being the chief (minister) and home minister for the State of Telangana can
directly influence the de-facto complainant and officers pressurizing them to
defer/resile from their earlier statements and further to depose false and
there is every possibility that the officers/de-facto complainant will
resile/defer from their earlier statements or will depose false under the
threat," the plea claimed.
The
plea has also sought transfer of the trial in another connected case from a
court in Telangana to Bhopal.
On
January 5, the apex court had deferred till February the hearing of A Revanth
Reddy's separate petition challenging the high court order dismissing his plea
questioning the jurisdiction of an ACB court in conducting the trial in the
cash-for-vote scam case.
Revanth
Reddy has challenged the June 1, 2021 order of the high court by which his plea
questioning the jurisdiction of the special ACB court to conduct the trial in
the case was dismissed.
In
July 2015, the ACB had filed a charge sheet against Revanth Reddy and others
under the Prevention of Corruption Act and section 120B (criminal conspiracy)
of the Indian Penal Code.
The
ACB had then claimed it has collected clinching evidence against the accused in
the form of audio/video recordings, and recovered an advance amount of Rs 50
lakh.