Justice B. Siva Sankara Rao of the Hyderabad High Court on Friday quashed all proceedings against Jerusalem Mathaiah, who is fourth accused in the note-for-vote case registered and investigated by the ACB of Telangana state.
The judge was allowing the petition filed by Mathaiah, who requested the court to quash the case against him. It may be recalled that on the eve of MLC elections May 2015, there were allegations that money was offered for voting. Mathaiah was fourth accused.
The judge had granted stay of arrest when the case was admitted.
Keeping in view the situation, the Chief Justice permitted the conductof arguments etc. in camera. Only such advocates as were on record were permitted into the court hall .The proceedings were recorded through video. After hearing both sides, Justice Rao delivered judgment on Friday. In a lengthy 75-page order, scores of judgments of various courts in the country were quoted and analysed.
The judge took into consideration the fact that no details were available in the complaint made by Stephenson, who was allegedly offered money by TDP leader A. Revanth Reddy. The judge pointed out that bare details like who came etc. were not given in the complaint which was made to the highest authority of the ACB. All the records were submitted to the court and the court took note of the fact that complaint was made on May 28, 2015, and case was registered on May 31. The report to the court was filed on June 1.
Even before registering the case, and gathering of evidence, investigation by recording was done.
A preliminary enquiry to come to the conclusion that there was prima facie a case for registering a crime was permissible. But investigation and gathering of evidence even before the crime was registered was not proper.
The judge did not appreciate the stand of the authorities who claimed that charge sheet was filed and the present quash petition was to be closed but made statement that supplementary charge sheet was to be filed. Justice Rao said that it was blowing hot and cold. The judge said that constitutional court shall not close its hands when there was “grave suspicion with regards to investigation”.
The investigation should be fair and truthful too. The issue whether the complainant Stephenson should have been arrayed as co accused in the crime was also touched upon by the judge. The court said that ends of justice would be met if the proceedings against the petitioner were quashed. This relief in this judgment is confined to Mathaiah.
