The Supreme Court on Tuesday deferred a hearing on a plea against the Telangana High Court's judgement of May 31 granting anticipatory bail to YSRCP MP from Kadapa Y S Avinash Reddy in connection with the murder case of former Andhra Pradesh Minister Y S Vivekananda Reddy.
After hearing briefly Dr Suneetha Narreddy, daughter of the deceased, a bench of Justices Vikram Nath and Ahsanuddin Amanullah refused to issue notice and posted the matter for consideration on June 19.
At the outset, the bench did not allow senior advocate Sidharth Luthra to argue as it clarified the senior counsel can't do so during the summer vacations. "You would be putting us in trouble for discriminating, you cannot argue, you may assist," the bench told Luthra. The court had in different matters disallowed senior advocates A M Singhvi and Anjana Prakash from arguing the case.
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Following this, the petitioner herself tried to convince the bench, contending the respondent MP has not cooperated with the investigation.
To this, the bench said, it is for the CBI to consider if the custodial interrogation is required or not. In this case, the CBI has not filed an appeal.
The petitioner said the notice to the CBI should be issued.
"The picture will change, if we issue notice. It is for the CBI to say if the respondent is not cooperating," the bench said.
The bench said the matter can be considered on reopening of courts in July.
Narreddy then pointed out the apex court had earlier fixed June 30 as the deadline for the CBI to complete the probe.
"This court can direct for further investigation...We are not inclined to issue notice. List on June 19," the bench said.
The court also said there are several technical aspects to the matter and it should be considered by a bench which would be inclined to hear a senior counsel.
On May 31, the High Court's single judge bench of Justice M Laxman allowed bail to Avinash Reddy stating "this court does not find any justification for a custodial interrogation of the petitioner by the CBI authorities."
It had also said, "The gravity of accusation is not yet clearly brought on record by the CBI so far. The entire case rests upon hear-say evidence and assumptive evidence. No direct evidence is available against the petitioner to prove his participation in larger conspiracy. They tried to rely upon the improved case of the witnesses and the approver."
The special leave petition by Narreddy contended that the High Court allowed the anticipatory bail of the accused respondent in a murder case, contrary to the law laid down by this court, by holding a mini trial and giving findings and making comments on the merits of the prosecution case. She claimed the High Court virtually accepted the entire case put forth by the accused and disregarded the evidence collected by the CBI.
Former Minister Vivekananda Reddy, one of the brothers of the late Andhra Pradesh Chief Minister Y S Rajasekhara Reddy, and uncle of current Chief Minister Y S Jagan Mohan Reddy was found murdered at his residence in Pulivendula in Kadapa district, on the night of March 15, 2019, a few weeks before the Assembly elections in the State.