Supreme Court Extends Interim Protection To YSRCP Leaders In Cases Over Alleged Attack Of TDP Office & Naidu's Residence Till December 17
The Supreme Court today (October 21) extended interim protection to YSR Congress Party (YSRCP) Vijayawada East coordinator Devineni Avinash till December 17.
Special Leave Petitions were filed by Avinash and others after the Andhra Pradesh High Court rejected his anticipatory bail for allegedly ransacking the NTR Bhavan, the central office of ruling Telugu Desam Party, at Mangalagiri during YSRCP regime in October 2021.
Protection is also extended for former minister and MLA Jogi Ramesh in connection with the allegedly vandalising of Chief Minister N Chandrababu Naidu's Undavalli residence along with other YSRCP members in 2021.
Today, a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah extended interim protection till December after Senior Advocate Neeraj Kishan Kaul (for Ramesh) informed the Court that he had received a counter filed by the State of Andhra Pradesh last night and he would require some time to file a reply.
Senior Advocate Siddharth Luthra (for Andhra Pradesh) countered that there are some serious allegations and the Court must hear the matter soon. He said: "These are bail matters, Milord. They are on interim protection."
The Court sought a reply from Luthra if it is a case where the accused persons are not cooperating with the investigation. Luthra, answering in affirmative said: "My answer is yes, they are not."
However, Kaul refuted this claim and submitted that whatever he has been asked, he has complied with it including submitting the passport. He said: "They want me to self-incriminate myself."
Luthra stated: "For 3 years, there is a requirement every month, the investigate is to be monitored by SP."
Justice Dhulia orally remarks: "Don't know why he is after you. There must be something against you".
To which, Kaul responded: "He is after me because they are political rivals. They are all political rivals of diff parties. That is the only reason."
Brief background
On September 14, Justices Sudhanshu Dhulia and Ahsanuddin Amanullah granted interim protection from arrest to Avinah and other YSRCP members Lella Appi Reddy, Sri Talasila Raghuram and Oggu Gavaskar, who along with other members are accused of criminally trespassing into the office of TDP and attacking the members of the TDP.
A bench also granted interim protection to former minister and MLA Jogi Ramesh in connection with the allegedly vandalising of Chief Minister N Chandrababu Naidu's Undavalli residence along with other YSRCP members in 2021.
On September 4, Andhra Pradesh denied anticipatory bail to all YSRCP leaders including Ramesh.
In the last hearing, senior Advocate Kapil Sibal (appearing for Avinash) informed the Court that two years after the alleged attack involving 88 people, fresh investigations began because the ruling Government changed.
Sibal submitted that the members received minor injuries contrary to what is alleged by the complaint in the FIR. He added that the accused Avinash has not been identified in the CCTV footage recorded as evidence.
Rohatgi submitted that the accused Avinash was identified by the two eyewitnesses as the one who brought the riots to the central office to attack the TDP members. He further argued that the accused Avinash along with other YSRCP leaders had attacked the office with deadly weapons with the object of causing death. It was a premeditated riot, Rohatgi added.
After briefly hearing the submitted, Justice Dhulia sought clarification on why the accused persons need protection from the Court now considering the attacks happened 3 years ago. To this, Sibal clarified that the arrest has taken place now.
When Rohatgi requested that the Court look at the CCTV footage, Justice Dhulia stated that the Court was facing technical and logistical problems.
Considering that the FIRs are of 2021, the Court stated: "In the facts and circumstances of this case, we are of the opinion that presently interim protection needs to be granted to the petitioners. Accordingly, it is directed that no coercive measures be taken against the petitioners subject to their cooperation in the ongoing investigation. Since there is apprehension raised by the State that some of the petitioners may abscond, all of them shall deposit their passports to the investigating officer within 48 hours from today, if they have a passport, and they will cooperate fully with the investigation."
A similar order has also been passed in Ramesh's petition.
Case Details: DEVINENI AVINASH Versus THE STATE OF ANDHRA PRADESH, SLP(Crl) No. 12659-12662/2024 & JOGI RAMESH Versus THE STATE OF ANDHRA PRADESH SLP(Crl) No. 12567/2024
Appearances: Senior advocate NK Kaul (for Ramesh) and senior advocate Kapil Sibal (for Devineni Avinash)
Senior advocate Mukul Rohatgi (complainant) and senior advocate Siddharth Luthra (for State of Andhra Pradesh)