'Curtails Freedom Of Expression' : Supreme Court Stays Order Restraining YS Sharmila's Comments Against YSRC Party, Andhra CM

The Supreme Court on Friday (May 17) stayed the ex-parte injunction order passed by a District Court in Andhra Pradesh restraining YS Sharmila, the President of the Andhra Pradesh Congress Committee, and others from speaking against the YSR Congress Party and the Andhra Pradesh Chief Minister YS Jagan Mohan Reddy in connection with the murder of YS Vivekananda Reddy.

A bench comprising Justices BR Gavai and Sandeep Mehta stayed the order on a petition filed by YS Sharmila challenging the refusal of the Andhra Pradesh High Court to interfere with the injunction order passed by the District Court.

The bench noted that the District Judge passed the restraint order without hearing Sharmila which had the effect of curtailing her freedom of speech and expression.

"It could thus be seen that the learned District judge, even without providing an opportunity to be heard to the defendants. has passed an order of injunction which has very serious ramifications. In effect, the injunction curtails the right of the defendant of freedom of speech and expression," the bench observed.

The Court stayed the order passed by the Kadapa District Court on April 16, 2024.

Senior Advocate Gaurav Aggarwal, appearing for Sharmila, informed that contempt petitions have been filed against her alleging violation of the injunction order.

Aggarwal relied on a recent judgment passed by the Supreme Court in the Bloomberg case (Bloomberg Television Production Services India Pvt Ltd and others v. Zee Entertainment Enterprises Ltd) advising trial judges to not routinely pass pre-trial injunctions restraining freedom of speech and expression.

"It has very serious implications. What has happened that one political party goes and files a suit and gets an ex-parte injunction. Look at the ambit of the injunction," Aggarwal submitted. He submitted that the injunction order has the effect of curbing the political speeches of the petitioner at the time of elections. He also pointed out that some of the respondents are accused in the Vivekananda Reddy murder case.

He underscored that the injunction order was widely worded restraining the petitioner from propagating and making derogatory and defamatory remarks against YSRP Party, Party President Jagan Mohan Reddy Chief Minister, Avinash Reddy etc.

Case : Y.S. SHARMILA VS. YUVAJANA SRAMIKA RYTHU CONGRESS PARTY (YSRCP) | DIARY NO. - 21109/2024

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