Held On Sedition Charge, YSR Congress Party's Elected MP K. Raghu Rama Krishna Raju Moves Supreme Court Seeking Bail

Challenging the Andhra Pradesh High Court's May 15 order, refusing to entertain his bail application, Kanumuri Raghurama Krishnam Raju, an elected Member of Parliament (YSR Congress party) from Narasapuram Parliamentary constituency in Andhra Pradesh has moved the Supreme Court.

He was arrested on Friday (May 14) on the charges of sedition and was taken to the Crime Investigation Department (CID) office in Guntur district.

It has been alleged that Raju, who is an outspoken critic of Andhra Pardesh Chief Minister Y. S. Jaganmohan Reddy (his own party head) has been indulging in hate speeches against certain communities and promoting disaffection against the Government, which will cause loss of faith in the Government and also cause disturbances. 

Refusing to entertain his bail application, the Andhra Pradesh High Court yesterday said

"This Court, as well as the Sessions Court, have got concurrent jurisdiction, this Court is not inclined to entertain this petition directly without moving the same before the trial Judge, where entire material including remand report will be available on his production."

Appeal before the Supreme Court

Raju, represented by Senior counsel B. Adinarayana Rao has averred before the Supreme Court that High Court's order directing him to approach Lower Court first is contrary to settled principles of law.

He has also submitted that the State has filed FIR against him as he is critical of the functioning of the Chief Minister and his Government and that the High Court failed to note that he is an elected MP and a responsible citizen.

Further, he has also argued that the case against him is "nothing but a case of personal vendetta" of the Chief Minister and that CM has been using state police machinery against his political opponent.

Importantly, it has been submitted that the High Court failed to look into the facts and circumstances of the case and that his arrest amounts to a violation of his freedom of speech and expression. 

High Court's May 15 Order

Raju had moved a Bail Application before the High Court to enlarge in a matter registered for the offences punishable under Sections 124-A, 153(A), 505 r/w 120- B of Indian Penal Code, 1860 (for short 'IPC').

As he had not moved an application seeking bail before the Sessions Judge, this Court has taken objection for the same, to this, it was submitted that there was concurrent jurisdiction in entertaining bail applications by the High Court as well as the Sessions Court.

In this backdrop, the Court had said,

"The guidelines framed for hearing bail applications during Summer Vacation-2021 allows High Court to hear Bail applications if bail is refused by Magistrates and Sessions Judges/Additional Sessions Judges...As per the guidelines, it is very much clear that only against the orders passed dismissing the bail application by thetrial Court, then only, bail application can be moved before this Court."

In that view of the matter, the Court was not inclined to entertain the petition seeing bail and the same was thus, dismissed. However, Raju was given the liberty to approach the concerned trial Judge and seek necessary reliefs.

Raju has also given a written representation to the district court in Guntur alleging that the CID police had beaten him.