New Delhi, April 24 (). The Supreme Court on Monday set aside the order of the Telangana High Court that former Andhra Pradesh minister Y.S. MP Y.S. Avinash Reddy has been asked to give the questionnaire. Avinash Reddy is also on the target of the investigating agency.
The top court said that it was really surprised at the order of the High Court.
During the hearing, Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha said that if this is the standard for investigation, then it is better that the CBI is closed and said that imagine other accused citing it as a precedent.
The Chief Justice told senior advocate Mukul Rohatgi, representing Avinash Reddy, first, anticipatory bail. Second, the questionnaire by the CBI. This is like rewriting criminal law jurisprudence..at the end of it CBI can arrest you or not..choice lies with the investigating agency.
The Chief Justice said that if this was the yardstick, then the same written questionnaire would have to be applied in all cases of CBI and ED.
He said, see what the High Court has said, the petitioner will be present in the CBI office, the question and answer will be in printed form. Questionnaire can be handed over to the petitioner, then why do we need CBI?
The apex court observed that the High Court has applied itself wrongly and passed an extraordinary order. Such orders hamper the investigation, especially when the CBI is ascertaining the role of several accused.
It termed the High Court’s order as unreasonable, while setting aside the direction issued by the High Court to the CBI. However, the top court said that the High Court can hear the anticipatory bail plea of Avinash Reddy on merits.
The bench declined to consider the submissions of advocate Ranjith Kumar, representing Avinash Reddy, that his client should be protected from arrest for at least 24 hours, as the anticipatory bail plea is listed for hearing in the high court on April 25. is listed.
The bench remarked that it is indeed aggrieved by the order of the High Court and had the CBI wanted to arrest Reddy, it would have done so much earlier and shown extreme restraint.
It pointed out that the High Court had directed Avinash Reddy to present himself at the CBI office between April 19 and April 25 for investigation and there should be a written question-answer form and a questionnaire would also be handed over to the accused. Such an order would render the inquiry ineffective. The High Court cannot order the examination of a suspect in writing.
The apex court had on April 21 stayed the order of the Telangana High Court, which had protected Kadapa MP Avinash Reddy from arrest till April 25, observing that the order passed by the High Court was atrocious and unacceptable.
The High Court had directed the YSRCP MP to appear before the CBI every day for questioning in the Vivekananda Reddy murder case and granted him protection from arrest till April 25.
SGK
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