Supreme Court Sets Aside AP High Court Order Granting Relief To Murder Suspect

In a significant development, the Supreme Court has set aside the order passed by the Andhra Pradesh High Court which had granted an ad interim stay of arrest to a murder suspect and had directed that the examination before the Central Bureau of Investigation (CBI) be conducted in printed/written form.

The case pertains to the murder of former Member of Parliament and Andhra Pradesh minister YS Vivekananda Reddy in 2019. The CBI, which took over the case from the state police, had filed a charge sheet in the matter in 2021, naming several suspects including YS Avinash Reddy, the nephew of the victim and a Member of Parliament himself.

While the investigation was ongoing, the High Court had granted an ad interim stay of arrest to Reddy and had directed that the examination before the CBI be conducted in printed/written form.

The Supreme Court, while hearing the appeal filed by the CBI against the order of the High Court, observed that the directions issued by the High Court were unwarranted and were liable to gravely prejudice the course of investigation.

The Court noted that the CBI had filed an affidavit in the writ proceedings, which had revealed the role of YS Avinash Reddy and others in the murder conspiracy, and therefore, the High Court's finding that there were multiple motives for the murder was premature.

The Court further held that the High Court's direction that the examination before the CBI be conducted in printed/written form and that a questionnaire be handed over to the suspect was wholly inappropriate and would stultify the investigation.

The Court accordingly allowed the appeal and set aside the impugned order of the High Court, clarifying that the observations in the order shall not come in the way of the High Court evaluating the application for anticipatory bail filed by Reddy.

In addition, the Court extended the time for completion of investigation by the CBI until June 30, 2023, in view of the developments which have intervened.

The Supreme Court's order is significant as it reaffirms the principle that investigation agencies must be given a free hand to conduct investigations without interference from the judiciary. The Court's observations regarding the importance of allowing investigation agencies to carry out their duties without hindrance are particularly relevant in the current climate, where there is an increasing tendency to interfere with investigations and prosecutions for political or other reasons.

Suneetha Narreddy  vs Y S Avinash Reddy & Anr