Minutes after calling out purported ‘judicial impropriety’ of a Calcutta High Court Judge, the Apex Court panned a Telangana High Court Judge for asking the CBI to give written questions to Kadapa MP Y SAvinash Reddy, a cousin of CM Jagan Mohan Reddy, during his interrogation as a suspect in the case relating to the murder of Y S Vivekananda Reddy, a brother of former AP CM Y S Rajasekhar Reddy.
A bench of CJI D YChandrachud & Justice P S Narasimha“If this is the standard operating procedure for investigations, then we may as well wind up the CBI & ED. Every court will then ask agencies to supply written questions to accused persons during interrogation".
Carrying on from its April 21 observations terming the High Court order as ‘atrocious’ & unacceptable’, the CJI-led bench said, “Look at the long & short of this. The CBI in its counter affidavit in the HC specifically said that Avinash Reddy has a role in the murder. In such a case, the High Court not only grants anticipatory bail but directs the CBI to provide a written questionnaire. Are we rewriting the criminal jurisprudence?”
“If this is the yardstick of interrogation, then all accused in every case would ask the CBI & ED to give written questions. The standard set by the HC is not correct,” it said after hearing senior lawyer Sidharth Luthra,who appeared for the daughter of the deceased.
The bench set aside the written questionnaire but did not tinker with the interim protection from arrest given to Avinash Reddy as his counsel Ranjit Kumar pleaded that nothing should be said to prejudice his client during the hearing of his plea for anticipatory bail before the HC on Tuesday. The bench extended time for the CBI to complete the investigation from April 30 till June 30.
Luthra said the HC order was tantamount to directing the CBI to treat Avinash Reddy as a house guest as not only he was protected from arrest but the agency was told to give him a questionnaire for the murder suspect to answer.
The CBI had issued summons to Avinash after arresting his father Y S Bhaskar Reddy on April 16. The Kadapa Lok Sabha member had on April 17 moved the Telangana HC for protection from arrest, terming the case as politically motivated to implicate him in it. The CBI had told the SC on April 21 that the accused persons had attempted to camouflage the murder as death from heart attack.
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