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Justice K. Surender of Telangana High Court on Monday stayed the SIT’s notice issued under Section 41A of the Criminal Procedure Code to Jaggu Kottilil alias Jaggu Swamy of Kochi in Kerala, accused of involvement in the TRS MLAs’ poaching attempt case, till December 13.
The judge also extended to December 13 the stay order already issued in a writ petition filed by BJP national general secretary B.L. Santosh facing charges in the same case.
Senior counsel V. Pattabhi, appearing for Jaggu Swamy, contended that the notice served on his client suggested his possible arrest and thus issuance of the notice was intended at taking away his personal liberty.
Observing that the notice given under Section 41A of Cr.P.C. to Jaggu Swamy was in the format framed by Delhi High Court, the counsel said such format was meant for police stations in Delhi. The same format need not be followed mandatorily by all, he argued.
Advocate General B.S. Prasad, appearing for the State, said the notice format adopted by the SIT was framed by Delhi HC. It was followed by Madras HC and the same was referred by the Supreme Court in one of its judgments, he told the bench.
Requesting the bench not to grant any immunity to Jaggu Swamy from arrest, the AG contended that a notice issued to an accused need not contain all details of a case. Let the person appear before the SIT and reply to the queries to be raised by the authorities. Further delay in the appearance of the accused before the SIT authorities is likely to scuttle the ongoing investigation, Mr. Prasad argued.
Senior advocate Desai Prakash Reddy, appearing for B.L. Santosh, who filed a writ petition seeking to quash the case registered against him relating to MLAs’ poaching attempt, sought adjournment of arguments citing personal work. The judge extended the order staying the notice issued by SIT to Mr. Santosh till December 13.
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