Supreme Court Grants Interim Protection From Arrest To YSRCP Leaders In Cases Over Alleged Attack Of TDP Office & Naidu's Residence

The Supreme Court granted interim protection to YSR Congress Party (YSRCP) Vijayawada East coordinator Devineni Avinash 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.

The interim protection has also been granted to 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.

The petitioners are accused under the offences 147, 148, 452, 427, 323, 506, 324 read with 149 and Sections 326, 307, 450, 380 read with 109 and 120B of the Indian Penal Code, 1860.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah has also granted interim protection to former minister and MLA Jogi Ramesh in connection with the allegedly vandalising Chief Minister N Chandrababu Naidu's Undavalli residence along with other YSRCP members in 2021.

Ramesh is accused under the offences 143, 324, 506, 188, 269 and 270 r/w 149 of the Indian Penal Code, 1860.

On September 4, Andhra Pradesh denied anticipatory bail to all YSRCP leaders including Ramesh.

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.

Contrary to this, Senior Advocates Mukul Rohatgti (for the complainant) and Siddharth Luthra (for State of Andhra Pradesh) vehemently opposed the plea for interim protection, arguing that for the last three years, the investigation has been kept in shambles.

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. 

Luthra informed the Court that Avinash was absconding and was detained at the airport from flying to Dubai. He added that the medical records in terms of the nature of injuries caused to the TDP were suppressed by the YSRCP regime.

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.

The matter will be heard after 4 weeks.

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)

Click Here To Read/Download Orders here and here.