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regular-article-logo Thursday, 30 May 2024

Supreme Court raps HC on CBI ‘advance questions’

The case relates to the March 2019 murder of Congress leader and former Andhra Pradesh minister Y.S. Vivekanand Reddy, who was hacked to death at his home, allegedly by a close aide and domestic staff at the behest of political opponents

R. Balaji New Delhi Published 25.04.23, 04:35 AM
“Look at his order, the CBI is asked to have questions in printed form, provide to him (Avinash). Why do we have the CBI then?” the bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha observed orally.

“Look at his order, the CBI is asked to have questions in printed form, provide to him (Avinash). Why do we have the CBI then?” the bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha observed orally. Sourced by the Telegraph

The Supreme Court on Monday set aside a Telangana High Court order that had asked the CBI to hand over a written questionnaire in advance to a murder accused who happens to be a chief minister’s cousin, saying “we might as well wind up the CBI” then.

The case relates to the March 2019 murder of Congress leader and former Andhra Pradesh minister Y.S. Vivekanand Reddy, who was hacked to death at his home, allegedly by a close aide and domestic staff at the behest of political opponents.

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The accused is Y.S. Avinash Reddy, Kadapa MP and cousin of Telangana chief minister and YSR Congress leader Y.S. Jagan Mohan Reddy.

“Look at his order, the CBI is asked to have questions in printed form, provide to him (Avinash). Why do we have the CBI then?” the bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha observed orally.

“If this is the standard, we might as well wind up the CBI because now everyone will cite this as precedent.”

Earlier, senior advocate Sidharth Luthra — appearing for Sunitha Reddy, daughter of the murdered man —had assailed the April 18 high court order. He had also questioned the anticipatory bail granted to the MP till April 25.

“First, anticipatory bail and then questionnaire to CBI! This is like rewriting criminal law jurisprudence. CBI may or may not arrest you. It may not arrest you as it seems, but this is not the way,” Justice Chandrachud observed.

“In this case we must remark that the high court cannot pass such orders. We are really perturbed by the high court order. The order of this nature will stultify investigations….

“It was completely inappropriate for the high court to order that the questions be given to the first respondent. Such (an) order (will) prejudice the investigations.”

The murder had become a hot topic in Telangana during the 2019 general election, with the then ruling Telugu Desam Party of N. Chandrababu Naidu and the YSR Congress trading charges.

Vivekanand was the younger brother of Jagan’s father, the late Congress chief minister Y.S. Rajashekar Reddy.

The father of Avinash, the accused, too is a brother ofthe late Rajashekar and a suspect in the case, the CBI has said.

The apex court has extended till June 30, from April 30, the deadline for the CBI to complete the investigation, which will continue to be monitored by Telangana High Court.

On Monday, the apexcourt refused to entertainthe plea of senior advocate Ranjit Kumar, appearing for Avinash along with senior advocate Mukul Rohatgi,that the MP should not be arrested.

The bench noted that the CBI would have arrested the MP if it so wanted, but had so far shown restraint.

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