29 Nov 2022 5:28 AM GMT
The Supreme Court on Tuesday transferred the trial of murder of former AP Minister YS Vivekananda Reddy from Andhra Pradesh to Special CBI Court Hyderabad, noting that apprehensions raised by his wife and daughter regarding derailment of fair trial are reasonable.A bench comprising Justice MR Shah and Justice MM Sundresh ordered the transfer on a petition filed by the daughter of...
The Supreme Court on Tuesday transferred the trial of murder of former AP Minister YS Vivekananda Reddy from Andhra Pradesh to Special CBI Court Hyderabad, noting that apprehensions raised by his wife and daughter regarding derailment of fair trial are reasonable.
A bench comprising Justice MR Shah and Justice MM Sundresh ordered the transfer on a petition filed by the daughter of Vivekananda Reddy, Suneetha Narreddy, who happens to be the cousin of Andhra Pradesh Chief Minister YS Jaganmohan Reddy. The widow of Vivekananda Reddy, who was brutally stabbed to death at his residence in Pulivendula, Kadapa district in March 2019, was a co-petitioner.
The bench pronounced the operative portion of the order as follows :
"Considering the facts and circumstances, it cannot be said that the apprehension on the part of the petitioners, being daughter and wife of the deceased, that there may not be fair trial and there may not be independent and fair investigation with respect to further investigation on larger conspiracy and destruction of evidence at the scene of the crime, is imaginary and/or has no substance at all. The petitioner being daughter and wife of the deceased have a fundamental right to get just as victim and they have legitimate expectation that the criminal trial is conducted in a fair manner…
Under the circumstances, we are of the opinion that this is a case to transfer the trial and other investigation on larger conspiracy and destruction of evidence, by a State other than the State of Andhra Pradesh. As the settled position of law, Justice is not only to be done, but also seen to have been done…Free and fair trial is sine qua non of Article 21…If the trial is not free and fair then the judicial system would be at stake affecting the confidence of the public in the system. At the same time looking into the large number of witnesses to be examined during the trial and no hardship is caused to those witnesses, we are of the opinion that the trial be transferred to CBI Special Court Hyderabad.
All relevant papers, chargesheet and supplementary chargesheet to be transferred to CBI Court Hyderabad. CBI is directed to complete the further investigation on the larger conspiracy and destruction of evidence…at the earliest. It must be done independently and in an unbiased manner.
Suneetha Narreddy vs Central Bureau of Investigation - 2022 LiveLaw (SC) 996 - WP(Crl) 169 of 2022 - 29 Nov 2022 - Justices MR Shah and MM Sundresh
For Petitioner(s) Ms. Jesal Wahi, AOR Mr. Anmol Kheta, Adv.
For Respondent(s) Mr. K.M Nataraj, ASG Ms. Swarupama Chaturvedi, Adv. Mr. Vatsal Joshi, Adv. Mr. Vinayak Sharma, Adv. Mr. Nakul Chengappa K.K., Adv. Mr. Arvind Kumar Sharma, AOR Mr. Mahfooz A. Nazki, AOR Mr. Polanki Gowtham, Adv Ms. Rajeswari Mukherjee, Adv Mr. Shaik Mohamad Haneef, Adv Mr. T. Vijaya Bhaskar Reddy, Adv Mr. K.V.Girish Chowdary, Adv. Mr. Guru Krishnakumar, Sr. Adv. Mr. Ashutosh Dubey, AOR Mr. R. Krishnaamorthi, Adv. Mr. Mohit Jaiswal, Adv. Mr. Dhruv Gosoami, Adv. Mr. Shiv Sagar Tiwari, AOR Mr. Nepal Singh, Adv. Ms. Aakanksha Tiwari, Adv. Mr. Venkatesh Rajput, Adv. Mr. Kapil Sibal, Sr. Adv. Mr. Ananga Bhattacharyya, Adv. Mr. Rohit Rao. N., Adv. Ms. Devahuti Tamuli, Adv. Ms. Ekta Pradhan, Adv. Ms. Anushka Singh, Adv. M/S. Veritas Legis, AOR Mr. Ananga Bhattacharyya, AOR Ms. Devahuti Tamuli, Adv
Constitution of India, 1950 ; Article 32 - Writ petition seeking transfer of criminal trial - Murder of former AP Minister YS Vivekananda Reddy from Andhra Pradesh - For transfer of a criminal case, there must be a reasonable apprehension on the part of the party to a case that justice may not be done - However the Court has to see whether the apprehension alleged is reasonable or not. The apprehension must not only be imaginary, but must appear to the court to be a reasonable apprehension - Petitioners being daughter and wife of the deceased have a fundamental right to get justice as victim and they have a legitimate expectation that criminal trial is being conducted in a fair and impartial manner and uninfluenced by any extraneous considerations - This is a fit case to transfer the trial and further investigation on larger conspiracy and destruction of evidence to the State other than the State of Andhra Pradesh - Trial Transferred to CBI Special Court at Hyderabad.
Constitution of India, 1950 ; Article 21 - Justice is not to be done but the justice is seen to have been done also - Free and fair trial is sine qua non of Article 21 of the Constitution. If the criminal trial is not free and fair and if it is biased, judicial fairness and the criminal justice system would be at stake, shaking the confidence of the public in the system. (Para 14)
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