Terming the Telangana High Court›s directions as “atrocious and unacceptable”, the Supreme Court on Monday set aside its order asking the CBI, probing the murder of former Andhra Pradesh Minister Y S Vivekananda Reddy, to provide a written questionnaire to YSR Congress Party Lok Sabha member Y S Avinash Reddy who is under the central agency›s scanner.
The top court, however, said the high court can proceed with the hearing on the anticipatory bail plea of the lawmaker on 25 April without being influenced by its observations.
A bench of Chief Justice D.Y. Chandrachud and Justice P S Narasimha was very critical of the high court for its direction to the CBI to provide a written questionnaire to Avinash Reddy well in advance and prepare and print the question and answer, observing that it is “atrocious and unacceptable”.
“What is this? If this is the stand of the investigating agency, then it is timeto wind up the CBI.. first the interim protection was granted, then CBI was asked to give questionnaire. This will turn upside down the criminal jurisprudence,” the bench orally observed. Setting aside the high court order, the bench said such an order deciding the mode of the probe will stultify the investigation and refused to protect Avinash Reddy from arrest for the next 24 hours, as was vehemently sought by senior advocate Ranjit Kumar, the lawmaker›s counsel. Terming the high court order “unwarranted”, it said, “The findings of the high court at this stage were premature, particularly in the context of what has been stated by the CBI in its affidavit … having regard to what is stated by the CBI on affidavit, we are clearly of the view that the high court has misapplied itself and passed an extraordinary order in terms of the directions which have been issued.” The top court noted the high court directed that the lawmaker may not appear for investigation apprehending arrest and seek alternative remedies. It noted the high court also directed that the lawmaker “shall attend the office of the CBI between April 19 and 25, 2023 and that (1) the questions and answers shall be in printed/ written form, (2) The questionnaire may also be handed over to the first respondent.” “An order of this nature will stultify the investigation. There is absolutely no warrant for the High Court to direct that investigation of a person who is being interrogated as a suspect in conspiracy should be in a printed or written form,” the bench said. It was inappropriate on the part of the high court to observe that the questionnaire may also be handed over to the lawmaker, it said, adding such orders “prejudice the course of investigation”. “Particularly at the stage when the CBI has to investigate a crime, the role of several accused … we are of the view that the directions issued by the high court were unwarranted. We accordingly allow the appeal and set aside the impugned order of the high court,” it ordered. Reddy is a nephew of Y S Vivekananda Reddy and Andhra Pradesh Chief minister Y S Jaganmohan Reddy›s cousin.