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Viveka murder: SC junks YSRCP MP's plea against arrest; passes strictures on Telangana HC order

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Published : Apr 24, 2023, 5:17 PM IST

Updated : Apr 24, 2023, 5:48 PM IST

The top court passes strictures on the Telangana High Court order, which asked the central agency to provide a printed questionnaire to Avinash Reddy while junking his plea for extending protection from the CBI's arrest.

The top court junks request by the Kadapa Lok Sabha MP Avinash Reddy for protection from the CBI's arrest while passing strictures on the Telangana High Court order which asked the central agency to provide printed questionnaire to Avinash Reddy.
File pic: YSRCP MP Avinash Reddy receiving a grand reception when he arrived for celebration of Ambedkar Birth anniversary, in Kadapa, on April 14, 2023.

New Delhi: The Supreme Court on Monday set aside the Telangana High Court's order barring the Central Bureau of Investigation (CBI) from arresting YSRCP MP YS Avinash Reddy and insisting the Central Agency interrogate the parliamentarian by providing him with a printed questionnaire.

It may be recalled that on March 15, 2019, Vivekananda Reddy, the younger brother of former Andhra Pradesh Chief Minister the late YS Rajasekhara Reddy, was found dead at his residence in Pulivendula of Kadapa district. The death was initially probed by a Special Investigation Team (SIT) of the State Crime Investigation Department (CID). Later, it was handed over to the CBI in July 2020. On October 26, 2021, the CBI filed a charge sheet in the murder case. A supplementary charge sheet was filed on January 31, 2022.

The first bench led by Chief Justice DY Chandrachud was hearing an appeal from the CBI. The top court also directed the agency to finish the probe by end of June and closed all the connected petitions in the case. The bench said the findings of the High Court are “premature” and that the HC had misapplied and passed extraordinary order.

Also read: SC stays Telangana HC ruling, orders CBI not to arrest Avinash till April 24

The court also refused to provide any protection from the arrest from the CBI observing that the agency has exercised utmost restraint until now and a separate bail application is pending with the subordinate judiciary. The court also observed that the outcome of the present petition will have no bearing on the outcome of the bail application. The court also extended the time granted to the CBI to complete the investigation till June 30 instead of April 30.

On the questionnaire, the top court expressed its displeasure over the HC order. The bench noted that if it were to become the standard, then it would be apt to wind up the CBI as everyone else will cite it as precedent and would ask for the same relief. Then all the matters which the CBI and ED are investigating, those charged might ask us why we were applying different yardsticks. "The CBI is asked to have questions in printed form, provided to him. Why do we have the CBI then?" the CJI wondered.

Chandrachud also said such an order would harm the entire investigation. "There is no warrant for the High Court that a person investigated should have questions in written or printed form. Such orders of the court allow grave prejudice to the investigation," the CJI noted.

Also read- Who first told you about Viveka's murder? CBI grills Avinash Reddy

On March 16, YS Bhaskar Reddy was arrested by the CBI in connection with the murder of Vivekananda Reddy. He is the father of Kadapa Member of Parliament Avinash Reddy and uncle of Andhra Pradesh CM YS Jaganmohan Reddy.

Last Updated : Apr 24, 2023, 5:48 PM IST

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