The Supreme Court on Monday set aside a Telangana High Court order that had placed restrictions upon the Central Bureau of Investigation (CBI) while interrogating murder accused Kadapa Member of Parliament (MP) YS Avinash Reddy..The High Court had directed the CBI to present its questions in printed form, circulate them in advance and tape its interrogation of the MP.A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha remarked that allowing this kind of order would amount to rewriting of criminal law jurisprudence."If this is the standard for investigation, then it is better to wind up the CBI! Imagine other accused will cite this as a precedent. First anticipatory bail and then questionnaire to CBI. This is like rewriting criminal law jurisprudence. CBI may or may not arrest you, it may not arrest you as it seems, but this is not the way. If this is the yardstick, then the same written questionnaire will have to apply in all CBI and ED cases...Why do we need the CBI then at all?" the CJI observed..The judgment passed by the apex court notes that the High Court's directions were 'premature'."We are of the view that the High Court has misapplied itself and passed an extraordinary order...Such orders prejudice the investigation especially when CBI is ascertaining the role of several accused. Thus directions of the High Court were unwarranted."As the hearing drew to a close, CJI Chandrachud remarked,"We were really perturbed by the High Court order. If CBI had to arrest you, they would have done so earlier. CBI has shown utmost restraint.".Even in the last hearing on Friday, the Bench had taken exception to the directions passed by the Telangana High Court while hearing Reddy's anticipatory bail application."What kind of order is this by the High Court? Atrocious order. Unacceptable," the apex court had remarked.The bail application before the High Court was filed in connection with the probe into the YS Vivekananda Reddy murder case. YS Avinash Reddy is the cousin of Andhra Pradesh Chief Minister, YS Jagan Mohan Reddy.Sunita Narredy, daughter of the deceased, challenged the High Court order before the Supreme Court.The petitioner before the top court had stated that the order under challenge had effectively derailed the probe, which as per the apex court's earlier orders, had to be completed by April 30 this year.The MP had never cooperated with the probe agency to be entitled to any protection, it was urged..At today's hearing, the top court was initially inclined to allow the accused to withdraw his plea before the High Court. However, it disposed of the matter after passing the order quashing the ruling under challenge. The pre-arrest bail hearing before the High Court is scheduled to continue tomorrow..Senior Advocate Sidharth Luthra appeared for the CBI. Senior Advocates Ranjit Kumar and Mukul Rohatgi appeared for Avinash Reddy..[Follow our live-coverage of today's hearing].[Read judgment]
The Supreme Court on Monday set aside a Telangana High Court order that had placed restrictions upon the Central Bureau of Investigation (CBI) while interrogating murder accused Kadapa Member of Parliament (MP) YS Avinash Reddy..The High Court had directed the CBI to present its questions in printed form, circulate them in advance and tape its interrogation of the MP.A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha remarked that allowing this kind of order would amount to rewriting of criminal law jurisprudence."If this is the standard for investigation, then it is better to wind up the CBI! Imagine other accused will cite this as a precedent. First anticipatory bail and then questionnaire to CBI. This is like rewriting criminal law jurisprudence. CBI may or may not arrest you, it may not arrest you as it seems, but this is not the way. If this is the yardstick, then the same written questionnaire will have to apply in all CBI and ED cases...Why do we need the CBI then at all?" the CJI observed..The judgment passed by the apex court notes that the High Court's directions were 'premature'."We are of the view that the High Court has misapplied itself and passed an extraordinary order...Such orders prejudice the investigation especially when CBI is ascertaining the role of several accused. Thus directions of the High Court were unwarranted."As the hearing drew to a close, CJI Chandrachud remarked,"We were really perturbed by the High Court order. If CBI had to arrest you, they would have done so earlier. CBI has shown utmost restraint.".Even in the last hearing on Friday, the Bench had taken exception to the directions passed by the Telangana High Court while hearing Reddy's anticipatory bail application."What kind of order is this by the High Court? Atrocious order. Unacceptable," the apex court had remarked.The bail application before the High Court was filed in connection with the probe into the YS Vivekananda Reddy murder case. YS Avinash Reddy is the cousin of Andhra Pradesh Chief Minister, YS Jagan Mohan Reddy.Sunita Narredy, daughter of the deceased, challenged the High Court order before the Supreme Court.The petitioner before the top court had stated that the order under challenge had effectively derailed the probe, which as per the apex court's earlier orders, had to be completed by April 30 this year.The MP had never cooperated with the probe agency to be entitled to any protection, it was urged..At today's hearing, the top court was initially inclined to allow the accused to withdraw his plea before the High Court. However, it disposed of the matter after passing the order quashing the ruling under challenge. The pre-arrest bail hearing before the High Court is scheduled to continue tomorrow..Senior Advocate Sidharth Luthra appeared for the CBI. Senior Advocates Ranjit Kumar and Mukul Rohatgi appeared for Avinash Reddy..[Follow our live-coverage of today's hearing].[Read judgment]