Hyderabad: The Telangana High Court on Monday stayed the notice under Section 41A CrPC issued by the Poachgate SIT to Jaggu Kottilil alias Jaggu Swamy, a resident of Kochi, till December 13. The court also extended the stay issued earlier to BJP leader B.L. Santosh on Section 41A notices till December 13.
Justice K. Surendar was hearing two criminal petitions filed by Jaggu Swamy and Santosh. On November 25, the court had stayed notices issued to Santosh for 10 days, which ended on Monday.
Advocate-general B.S. Prasad, appearing for the Special Investigation Team (SIT), informed the court that the notice was issued to Jaggu Swamy under the format framed by the Delhi High Court, that is followed by Madras High Court and is referred to by the Supreme Court in one of its judgments.
“Let Swamy appear before the SIT and reply to the queries raised as further delay will enable the accused to scuttle investigation,” Prasad argued.
Vemulapathy Pattabhi, senior counsel, appearing for Swamy informed the court that the format of the notice framed by the Delhi High Court was confined to police stations in Delhi state, and was not mandatory for other states.
Justice Surender, while intervening, observed, “The notice threatens personal liberty of the individual as your notice itself says that you are liable to arrested.”
In the petition filed by Santosh, SIT and the state government filed counter affidavits. When the court was ready to hear the case on merits, Rachana Reddy, counsel on record for Santosh, sought an adjournment as senior counsel Desai Prakash Reddy would appear.
Post-lunch, Prakash Reddy appeared and sought an adjournment ,which was accepted by the court.
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