Supreme Court Grants Bail To YSRCP MP Raghu Rama Krishna Raju In Sedition Case

The Supreme Court on Friday granted bail to YSR Congress MP K. Raghu Rama Krishnam Raju from Andhra Pradesh, who was arrested by Guntur CID on May 14 for alleged sedition and promotion of communal hatred over his speeches.A Bench of Justices Vineet Saran and BR Gavai observed that custodial interrogation would not be required as all statements of Petitioner are on record. The bench also took note of the medical condition of the petitioner, having regard to the heart surgery underwent by him last year. The bench also opined on the basis of the medical report from Army Hospital, Secundarabad, that possibilities of the petitioner's ill-treatment in custody cannot be ruled out.However, the bench has imposed a condition that Raju should not give media interviews and make press statements during the period of investigation. He has to cooperate with the investigation and should not influence the witnesses. He should respond whenever he is called upon by the Investigating Officer. He shall be given at least 24 hrs notice by IO. He should also furnish personal bond of Rupees one lakh and provide two securities of the like amount before the trial court within one week.The Apex Court allowed Raju's appeal against an order of the Andhra Pradesh High Court which had refused to entertain his bail application and had asked him to approach the Sessions Court.The Supreme Court noted that the jurisdiction of the trial court as well as High Court under Section 439 CrPC are "concurrent" and merely because the High Court was approached by Petitioner before the trial court, it would not mean that High Court was not to consider the plea.It held that the High Court ought to have considered the bail application on merits. Since "much water has flown" after the High Court order, the Supreme Court said it thought it fit to consider the matter on merits.It ordered,"The FIR was lodged only after detailed inquiry by State CID. Considering the totality of the circumstances and also the health of the Petitioner, specially that he had undergone heart bypass surgery, we deem it just and proper that the Petitioner be enlarged on bail."Senior Advocate Mukul Rohatgi, appearing for Petitioner, argued that Raju's statements are mere criticism of actions of State and in no case can the statements be classified as sedition and made punishable under Section 124A IPC. He stated that the Section has been included to make the offences non-bailable. He also submitted that Raju is being tortured in custody, as evident from medical reports. Thus, he should be released on bail and the investigation may be transferred to the CBI.The State on the other hand, represented by Senior Advocate Dushyant Dave, argued that the SLP should be dismissed on the ground that the Petitioner has an alternate remedy of filing a bail application before trial court. He further stated that the Petitioner holds a significant authority and his inciteful words have a greater impact on the citizens. "Bigger the position, the greater is the responsibility," he argued.Dave denied the allegations of custodial violence and alleged that the injuries indicated in the medical report are perhaps self-inflected. Full minute-by-minute account of the hearing may be read here.Courtroom ExchangeAllegations of Custodial violence The Petitioner has alleged that he is being targeted for being a critic of the ruling YSR Party and that he has been tortured in custody. During the hearing, Rohatgi pointed out that even as per the medical report submitted by the Army Hospital, there are several injuries on the Petitioner's body, including a fracture. He urged the Court to take suo moto cognizance of his injuries and direct a CBI inquiry into the same. "My allegation of torture in office of CID is proved. This is what they are doing to a sitting MP. Imagine what will they do to citizens," he remarked. The Bench however stated that Rao is merely a Petitioner in its eyes and that the Court is not concerned if he's a sitting MP or an ordinary citizen. Rohatgi then clarified, "This matter needs to be investigated by the CBI. My point is if they're doing this to the sitting MP, then they can do this to anyone." At this juncture, Dave suggested that these injuries may be "self-inflicted" by the Petitioner during the time gap between Top Court's direction for medical examination and the Petitioner reaching the Army Hospital. He pointed out that there was injury in the medical report submitted by Government Hospital prior to direction made by the Top Court. "If police wanted to torture him, would they do it on the second toe of the foot ? You have immense knowledge, you know how things work. No police would ever treat an MP in this manner," Dave said. "It would be absurd to argue that someone within one evening will do all of this to himself," Rohatgi rebutted. Dave then submitted that the State will not contradict the report of the Army, however, it must be noted...

Supreme Court Grants Bail To YSRCP MP Raghu Rama Krishna Raju In Sedition Case

Radhika Roy

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