Freedom of Speech Upheld | SC Stays District Court’s Order Against YS Sharmila in YS Vivekananda Reddy Murder Case

On Friday(17th May), The Supreme Court has stayed an Andhra Pradesh district court’s order that restricted YS Sharmila from commenting on the YSR Congress Party and its members regarding the killing of her uncle, Y S Vivekananda Reddy. The apex court viewed the injunction as a violation of the right to freedom of speech and expression.

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Freedom of Speech Upheld | SC Stays District Court's Order Against  YS Sharmila in YS Vivekananda Reddy Murder Case

NEW DELHI: On Friday(17th May), The Supreme Court has stayed the order passed by a district court in Andhra Pradesh that restrained state Congress chief YS Sharmila and others from making comments regarding the YSR Congress Party and certain members in connection with the killing of her uncle, former MP Y S Vivekananda Reddy. The apex court deemed the injunction as a curtailment of the right to freedom of speech and expression.

The order was passed by a bench comprising Justices B R Gavai and Sandeep Mehta while hearing Sharmila’s plea, which challenged a decision of the Andhra Pradesh High Court to dispose of the appeal against the district court’s order issued on April 16. The high court had directed the district court to expedite the hearing and disposal of the application seeking vacation of the ex-parte order against Sharmila and others.

Vivekananda Reddy was tragically found murdered at his ancestral house in Pulivendula, Kadapa district on March 15, 2019, during the period leading up to the general elections.

During the hearing at the Supreme Court, senior advocate Gaurav Agrawal, representing Sharmila, highlighted that a political party had filed a suit and obtained an ex-parte injunction. He drew attention to the timing of the injunction, which coincided with the impending elections, suggesting a potential political motive. Furthermore, he informed the bench that the application for vacating the ex-parte order was rejected on May 8.

“I am requesting a stay on this order,”

-Agrawal stated, emphasizing the need to suspend the order. He also revealed that contempt petitions were being filed alleging violation of the injunction order.

The bench expressed its concern over the fact that the district court had issued the injunction without affording an opportunity to the defendants, including Sharmila, to present their side. It noted that such an order carried significant implications and curtailed the defendants’ right to freedom of speech and expression. In light of this, the Supreme Court decided to stay the district court’s order dated April 16, 2024, along with all subsequent proceedings related to the case.

It is important to note that the Central Bureau of Investigation (CBI) has accused sitting Kadapa MP Y S Avinash Reddy, a relative of Sharmila and Andhra Pradesh Chief Minister Y S Jaganmohan Reddy, as well as his father Y S Bhaskar Reddy, of involvement in Vivekananda Reddy’s murder. However, both Avinash Reddy and his father have vehemently denied these allegations. Avinash Reddy, who is a member of the YSR Congress Party and a close associate of Jaganmohan Reddy, faces serious accusations in this case.

The Supreme Court has scheduled further hearings on the matter after the conclusion of the summer vacations of the apex court.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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