Vivekananda Reddy murder case: SC sets aside order on written CBI questionnaire to YSR Congress MP Avinash Reddy
Reddy filed the anticipatory bail petition in the high court ahead of appearing before the CBI. His father Y S Bhaskar Reddy, uncle of Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy, was arrested by the CBI on April 16 in connection with the murder of Vivekananda Reddy
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YSR Congress Party MP from Kadapa, Y S Avinash Reddy The Supreme Court on Monday set aside the Telangana High Court order directing the CBI, investigating the murder of former Andhra Pradesh Minister Y S Vivekananda Reddy, to provide a written questionnaire in advance to YSR Congress Party MP from Kadapa, Y S Avinash Reddy, whose role is also being investigated by the CBI.
Terming the HC order “unwarranted”, a bench of Chief Justice D Y Chandarchud and Justice P S Narasimha quashed the HC order issued to the CBI and said the court can proceed with the hearing of Reddy’s anticipatory bail plea on merits. The SC also declined Reddy’s request for protection from arrest for 24 hours till the anticipatory bail plea is listed for hearing on April 25 before the Telangana High Court.
“For us, in a normal case, we would have allowed withdrawal of the anticipatory bail plea and moved on. But in this case we had to say that the high court cannot pass such orders. We were really perturbed by the high court order. If the CBI had to arrest you, they would have done it earlier. The CBI has shown utmost restraint,” the bench said.
The bench said the high court directed that Reddy present himself at the CBI office between April 19 and April 25 for investigation and the question-answer shall be in written form and that a questionnaire shall be handed over to the accused.
“The order of this nature will stultify investigation. The high court cannot order an investigation of a suspect to be in written form. It is completely inappropriate for the high court to order the questionnaire to be given to the first respondent (Avinash Reddy). Such orders prejudice the investigation, especially when the CBI is ascertaining the role of several accused. The directions of the high court were unwarranted and thus the high court order is set aside,” the bench said.
Earlier on April 21, the SC had termed the HC order as “atrocious and unacceptable”, and stayed the protection from arrest granted till April 25 to Reddy in the murder of Vivekananda Reddy.
The SC had also stayed the high court order directing the CBI to give a questionnaire to Reddy in connection with the probe. The apex court had also asked the CBI not to arrest Reddy till Monday.
“Issue notice. There shall be a stay of the impugned directions contained in paragraph 18 of the impugned order of the High Court. However, till Monday the CBI shall not arrest him,” the bench had said while posting the matter on April 24.
The top court was hearing a plea filed by Dr Sunitha Narreddy, daughter Y S Vivekananda Reddy, challenging the high court order.
The Telangana High Court on April 18 directed the YSRCP MP to appear for examination before the CBI every day and granted him protection from arrest till April 25.
In an interim order on the anticipatory bail plea of Reddy, the court asked him to cooperate with the central agency and appear before it daily till April 25.
Reddy filed the anticipatory bail petition in the high court ahead of appearing before the CBI. His father Y S Bhaskar Reddy, uncle of Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy, was arrested by the CBI on April 16 in connection with the murder of Vivekananda Reddy.
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