#SupremeCourt vacation bench led by Justice Vineet Saran to hear @YSRCParty MP Krishnam Raju's challenge to the Andhra Pradesh HC order denying him interim bail. Raju contends he was tortured in custody by CID and face cases as he seeks to set aside the bail granted to @ysjagan
Andhra Pradesh has informed the Supreme Court that @RaghuRaju_MP had made consistent and deliberate attempts to incite disaffection towards the State government by creating wedge between various classes and groups of citizens #SupremeCourt
@ysjagan

barandbench.com/news/litigatio…
Adv Adinarayana Rao for YSRC leader: Military hospital has filed the medical report. Please go through it. we don't know what is inside it

@ysjagan @RaghuRaju_MP #SupremeCourt
Justice Saran: The doctors have sent the video of examination, medical reports and X rays. It says that there is fracture in the toe area pf left foot and other injuries

Senior Adv Mukul Rohatgi appears for petitioner
@ysjagan @RaghuRaju_MP #SupremeCourt
Roahtgi: That means the allegation of torture is proven. If this happens to a sitting MP what will happen to a ordinary person

Justice Gavai: law is same for everyone. all are litigants before us
Rohatgi: clear case of overreaching judicial process. Immediate bail should be given and CBI should be directed to investigate how I suffered the injuries
Senior Adv Dushyant Dave for @ysjagan government: Something seems to have happened between the examination by board as requested by the petitioner and now with the army hospital examination. we don't know if these are self inflicted injuries or not
Justice Saran: are you saying that after the earlier medical report and by the time when he was taken to army hospital, were these injuries self-inflicted?

Dave: I don't have any idea, but it needs to be probed

Justice Saran: that's why we sent him to an army hospital
Justice Saran: you appear before us. what makes you think we will pass an order of bail without hearing you. for last two to three minutes we could not see a smile on your face.

Dave: I wish to argue on merits

Justice Saran: Let us hear Mr Rohatgi first
Justice Saran: we will send the report to you (Andhra Pradesh) by email. We can hear this at 2.30 pm

Dave: please have the hearing on Tuesday

Rohatgi: no, I oppose this. I wish to argue this so that bail is granted and CBI probes the injury sustained by @RaghuRaju_MP
Hearing to resume at 2.30 pm.

@ysjagan @RaghuRaju_MP #supremecourt
Hearing to resume shortly

Senior Adv Mukul Rohatgi to argue for @YSRCParty leader Krishnam Raju

@ysjagan
@RaghuRaju_MP
#supremecourt
Justice Vineet Saran: You are arguing the bail application? We cant hear you

@ysjagan
@RaghuRaju_MP
#supremecourt
Rohatgi: I have just been unmuted. This is the problem of the system. They don't unmute on time. They should not mute counsels.

Justice Saran: you look blurred, hope the arguments are not like that

@ysjagan
@RaghuRaju_MP
#supremecourt
Rohatgi: @RaghuRaju_MP has been a sitting mp and has been critical of the chief minister. He has been preaching against the Chief Minister and state govt as they are favouring one community over the other. They are pitching Reddys against Kammas
Rohatgi: CM faces more than 2 dozen cases and Raju has applied for cancellation of bails which was supposed to come up on May 17.

Dave: please do not make any statement against @ysjagan as he is not a party here

Rohatgi: I will do What I have to say
Dave: just because 225 people are listening you will make unwarranted statements?
@ysjagan
Rohatgi: FIR was filed on May 14 in Guntur against Krishnam Raju by the state CID and an officer called the ADG. he registered the FIR himself which prepared a preliminary report. as per the report apparently he is making statements against @ysjagan
Rohatgi: FIR lodged under several sections but the most important section was Section 124A, Sedition, so that bail becomes difficult. the ideas as per SC past orders is not to keep people in jail. @RaghuRaju_MP was picked up on his birthday and taken 300 km away
Rohatgi: The MP was tortured and produced before magistrate, Magistrate states that he saw injury marks on foot. He directed medical board check up

Justice Saran: was he produced within 24 hours and sent on remand?

Rohatgi: yes but was ordered medical examination
Rohatgi: The medical exam shows what the magistrate saw with his naked eye was not correct and all was fine. the report was under the aegis of the gynecologist head whose husband is the leader of the legal cell of the state government
Rohatgi: I have been given Y level security as per HC order.

Justice Saran: please be precise

Rohatgi: we went to HC for bail. It was said that we should go to lower court but we have a right to approach HC under 439 CrPC. Hence that order was illegal
Rohatgi: sedition charge was against someone who is the beneficiary of democracy himself. The HC also said that magistrate order for medical exam be complied. I applied for bail. HC did not exercise jurisdiction. I was examined by a medical body. Please look at the report
Rohatgi: The examined @RaghuRaju_MP had a open heart surgery. Surgery was by Dr Panda..He is the best hope heart surgeon in India

Justice Saran: Asian Heart Institute?

Rohatgi: Yes. Now see right lower and left lower limb there is swelling. There is enema.
Rohatgi: In Hindi it is called "neel pad gaya" (it has turned blue).. thus there is egmosis, swelling, clotting and tenderness in both the limbs. There is a fracture in the second toe. There is injury on the sole of his feet.

@ysjagan @RaghuRaju_MP
Rohatgi: It will absurd to argue that someone in police custody can inflict all these upon himself. Please look at the FIR.

@ysjagan @RaghuRaju_MP @supremecourt
Dave: Mr Rohatgi is in the Himalayas. May be connection is weak because of that

Justice Saran: He was in Goa for winters and now in Himalayas. Dont you aspire to be in hills too

Dave: No I have been in Delhi. We are safe from COVID
Justice Gavai: Mr Rohatgi where are you in the Himalayas?

Rohatgi: its 2 hours from Nainital
Senior Adv Rohatgi now reads the FIR registered against him by the state CID

Rohatgi: these can never be sedition. He is just outspoken in his criticism of the government. Sedition means creating disaffection and trying to have a rebellion to overthrow govt by violence
Rohatgi: Please see the Kedarnath Singh judgment (1962). The constitution bench here explained what is sedition. The later judgment is 1995 one. this section was to curb call to arms to overthrow the govt. Extract of his speeches are mentioned in reply
Rohatgi: The ground of sedition is completely bogus. It is mala fide and at the behest authority of the state since I want bail given to CM be cancelled. Next Raju was tortured by CID. Not for one moment he should be in custody of state police and immediate bail be granted
Rohatgi: Your lordships should take suo motu notice of the injuries inflicted upon Krishnam Raju and direct a CBI probe in this. I will move an application for compensation and probe against the state DGP. It has come to light from your order of medical exam
#supremecourt
Rohatgi concludes

Adv Adinarayana Rao submits additional judgments on sedition

Rohatgi: It was the Shashi Tharoor case. Next was a latest challenge before J. Lalit bench

Senior Adv Dushyant Dave commences for AP: this bail plea needs to be dismissed.
Dave: We have utmost respect of the army. We will not dispute the medical report prepared by top three doctors but the report is inconclusive and does not prove any injury.
Dave: It has been settled by this court that if there is an alternate remedy then Article 136 remedy cannot be exercised since its a discretionary remedy. High Court has not completed the hearing and has not heard the case on merits. Thus it does not merit interference of SC
Dave: Judge Cardozo had said Weekly changes of constitution benches should not reflect the change of judicial pronouncements. The SLP has 11 grounds but not one says he is not guilty of the offence charged. Thus this court cannot get into merits of the charges
Dave: All the charges of sedition etc needs to be seen by the trial court. For bail you have to see whether offense is prima facie committed or not. If he is not disputing the charges then how can the court grant him bail.
Dave: This court has held that more responsible position you are in your actions should reflect the same. Here @RaghuRaju_MP is not only attacking the Freddy community but also pitching Christians against Hindus.
Dave: This all falls under 124A and coming from a member of parliament his word carries weight. Arrest was not instant and time was given. He crossed the ultimate limit and a senior police officer was asked to prepare a report
Dave: The police team had collected 45 videos. He did not restrict to fair criticism of the government but tried to stroke hatred among two communities. This caused public disharmony. Raju had a meeting of minds with two channels to create a situation of hatred against govt
Dave: all of this falls under the section of sedition.

Some of the statements made by @RaghuRaju_MP being read by Senior Adv Dave:
The statements being read by Senior Adv Dave to show what @RaghuRaju_MP stated against @ysjagan govt:
Dave: Is this how a Member of Parliament should call upon his followers to attack innocent people?

Justice Saran: we request you to be precise. We have read all of this. Please don't rush but take it as we too have read this
Dave: The judgment of this court states that bigger the person, the bigger is the responsibility. This court itself in 2007 had held that being an MP is of no relevance. Just because he is MP he cannot incite hatred or come here under 136 when a competent court is there
Dave: He already has a Y category security. Kangana Ranaut will get, Ambani will get.. but..

Justice Saran: we also don't have this

Dave: you don't need it as by your conduct you don't need it. we too don't need this by the grace of God
Dave: Today you might say the doctor is related to this and that. But it was at your instance that the board was formed. All X rays and medical reports are there. I am not saying army report is wrong. i have greatest respect for army but something happened in between two exams
Dave: The medical board report was directed to be kept in a sealed cover and given to principal district judge Guntur. HC was mindful of citizen rights and its not that only #supremecourt can save this. I agreed for the medical exam but now we fell into trap
Justice saran: it is not any trap

Dave: the standing counsel was upset that I agreed for another medical exam but as an officer of the court I was answerable to this court.

Adv Mahfooz Nazki: We learn from Dave sir
Justice Saran: what about the fracture?

Dave: Enema or swelling is there in every adult. But if your lordships are in a rush then we can hear it on Tuesday

Justice Gavai: no we are not in any rush
Dave: This matter needs to be dismissed. Patient condition was stable and there was no external injury.
Dave: High Court kept everything in a sealed cover. when this person was taken to army hospital, he put his foot on the window of the car and giving interviews. There was no injury then
(holds a mobile phone showing the video from a local news channel with @RaghuRaju_MP )
Dave now reads the medical report: It is a medical reasoning given and has nothing to do with injuries. The doctors report categorically shows that fracture in the foot is an undisplaced fracture. that means no muscle etc has been undisplaced. it does not say new or old injury
Dave: if the police want to cause torture will it be on the second finger of the foot which is undisplaced. You very well know police methods and no police will treat a MP like this. today at the bar you can say medical board chairman husband is etc etc but in HC you agreed to it
Dave: X rays wont lie. There is no serious injury or any injury. Does not merit this courts interference. He put his peg up on the car for 300 km on the window. That may have caused this injury. No one treats a MP like this. Army report is not such which shows any torture
Dave: Today Mr Dave has called for CBI probe why not ask for presidents rule. Such kind of requests being made in the supreme court due to a second finger injury. There is material available which is contradictory between 16th and 17th.
Dave: He travelled in his own car. That shows he was out of the custody of this court momentarily.

Adinarayana: It was with two security guards and one sub inspector.
Dave: He is a MP so he can take the law into his own hands. His feet on window was played and replayed on social media
Dave: @RaghuRaju_MP did not fall short of addressing media while he was on his way to Army Hospital. Is this what he is supposed to do when he is under the protection of the Supreme Court?
Dave: This court was never intended to be a regular court of appeal but an apex court to lay down law and interpret the law (reads a judgment). There is no miscarriage of justice here forget grave. only exceptional thing here is that he is a MP
Justice Saran: the anticipatory bail and bail cases that we hear shows majority of cases that only

Dave: that is why its said to interfere when there is miscarriage of justice

Justice Saran: this will close down offices of several lawyers
Dave: it is only in Arnab Goswami and cases like this one comes to the #supremecourt
Dave: HC only said go to the competent court. that cannot be interfered with under Article 136 of the Constitution

Justice Saran: we get your point.
Dave: So far as the sedition charge is concerned. Its not so simple. You have seen the statements this person is making. He asking COVID volunteers to be beaten up. Generating hatred in the state !
#SupremeCourt @ysjagan @RaghuRaju_MP
Dave: Is his statements not to bring disaffection towards the govt. If it was an ordinary man he would not have been heard too, but as a member of parliament, he has a greater onus on him. thus discretionary power under 136 by this court cannot be exercised.
Dave: a large number of citizens in Delhi riots, journalists who covered Hathras case and Bhima Koregaon participants face sedition charges and this court has not granted bail. It may be a usual charge but here there is prima facie evidence
Dave Reads statements made in Bhima Koregaon case.

Dave: These are all similar statements with varied degree but no bail was given in the sedition cases.
Dave: we have faith in CBI but these kind of requests that send this case to CBI and probe this case does not make sense. Just look at the HC order

Justice Saran: we have read it twice

Dave: you may direct him to be in army hospital and competent court to consider his bail
Dave: but please don't interfere here under Article 136 when another efficacious remedy is available.

Adv Nazki: some submissions remain on contempt

Senior Adv Dave: there are 2 orders.
Dave: In one case, CJI NV Ramana had not granted the interim bail (Akhil Gogoi case). Next one was the Siddique Kappan case where CJI SA Bobde led bench has ruled that Kappan be sent to AIIMS and approach trial court for appropriate relief as he had alternative remedy
Dave: on contempt, HC has issued suo motu contempt notice against us as we did not abide by the HC order even though SC looked into the case

Senior Adv Rohatgi: the two orders by Mr Dave, one is a non speaking order rejecting the SLP. The second order is under Article 32
Rohatgi: These orders are not precedent. I went for the correct remedy under Section 439 as there is concurrent jurisdiction. Its a violation of Article 21 when a bail plea is not heard. Kindly take up the kedarnath judgment on sedition
Rohatgi: the court had noted that even if all statements are taken to be corrupt, to say a govt or minister is corrupt is not sedition. See facts of this case before we speak about sedition. (reads words like Congress gundas, CBI dogs, official dogs will be liquidated)
Rohatgi: The judgment has noted notwithstanding however much stronger words are used against the government etc, it cannot be sedition. Please look at this statement by @RaghuRaju_MP (shows the below statement in court)
Rohatgi: Mr Dave usually talk about civil rights or fundamental rights

Justice Saran: lawyers are allowed to change statements. don't bind yourself to that

Roahtgi: this is a case of state sponsored terrorism
Senior Adv VV Giri: One thing is keep @RaghuRaju_MP in army hospital and ask lower court to consider bail plea. If not this then if he is granted bail then he should cooperate with probe and he should stop giving interviews to the press. it cannot be spoiled further
Giri: The contempt case initiated by the High court should be stayed. So the Supreme Court order to be taken to army hospital is after the order of the HC which directed production before private hospital.
Justice Saran: We will take a break for 5 minutes. Please tell us after that that the date of the contempt order
Adv Adinarayana Rao: On 14th itself magistrate directed the exam by medical board then the HC directed private hospital check up on 15th. state did not comply with HC order stating magistrate order superseded HC order. yesterday HC was informed SC is seized of the case
Senior Adv Giri: The HC issued the contempt notice yerterday

Justice Saran: are the officers to appear on Monday , Tuesday?

Giri: the order is not uploaded
Justice Saran: if an order is uploaded then you can mention this on Monday or Tuesday before us and we will constitute a bench to hear this. If the order is after Tuesday mention on Tuesday. If you get the HC order before you can mention on Sunday also
Justice Saran: it will be awkward if we pass orders on oral mentioning.

#SupremeCourt
Justice Saran: Application of the petitioner was filed under 437 and 439 crpc to enlarge the accused/petitioner on bail in case filed by CID police. offences were of Section 124 A, 505 IPC among others,
Justice Saran: High Court has stated that it was inclined as the bail plea can be moved before trial court. After probe by the CID and on direction of the ADG, fir was registered on May 14 with following allegations
Justice Saran: Contention of Mr Rohatgi that petitioner is sitting MP of ruling party and he having issued statements critical of the Chief Minister. It is contended that ruling party has a grudge against the petitioner as he wants bail to CM cancelled
Justice Saran: it has been contended that mere criticism of actions of the state cannot be classified as sedition to be punishable under 124A. The section has been added only to make the offence non available, said Mr Rohatgi.
Justice Saran: Petitioners have contended that @RaghuRaju_MP was arrested in May 14 and tortured in police custody of which mention has been made before the Magistrate. Magistrate by May 15 order required Raju to be presented before medical board.
Justice Saran: The same day the matter was taken up by the High Court after the letter was addressed to the court and was taken up as a habeas corpus petition.
Justice Saran: The HC passed another order thereafter. By the said order he was directed to be examined by a medical board headed by District medical head, Guntur. Pursuant to this the medical board submitted report dated May 16 which has been placed on record.
Justice Saran: the matter came up before this court on May 17 against the order of the HC rejecting bail and move the trial court. After hearing counsel for both the parties and considering this court passed order of medical exam at army hospital
Justice Saran: in compliance of the medical examination, a medical report by the army hospital consisting of two full colonels was placed before us. The medical board has made these observations. Mr Rohatgi relying on the report has submitted that petitioner was ill treated
Justice Saran: it has been contended that the petitioner was tortured in custody and thus there is an undisplaced fracture in his second toe which is resulting in issues with his movements.
Justice Saran: Counsel has submitted that detention of Petitioner in AP Police custody would not be safe for Petitioner and that he should be enlarged on bail. Thereafter Kedarnath Singh judgment was cited to supplement the argument on sedition.
Justice Saran: Mr Dave has contended that since there is an alternate remedy by filing an application in trial court HC was correct in relegating the petitioner to the trial court and HC had not considered the matter on merits.
Justice Saran: Dave has submitted that petitioner does not deny statements made by him in the Reply affidavit. The offence against Petitioner would need investigation and custodial interrogation of Petitioner. Further it is submitted that army hospital report is not in dispute
Justice Dave: It has been submitted that the report submitted by government hospital, there was no fracture shown which was there in Army report. it is further submitted that it would create disaffection among different caste and groups
#Order

#SupremeCourt : The jurisdiction of the trial court and HC under Section 439 is concurrent. Merely because petiitoer approached HC instead of trial court it does not mean trial court would not consider the bail plea. HC ought to have considered the bail plea on merits
ORDER:

SC: Since then much water has flown and two medical exams have been conducted.
ORDER

SC: We deem it proper to consider the bail application on merits. In our view, considering the injuries as reported by medical board of army hospital, we can prima facie form an opinion that petitioner WAS ILL TREATED WHILE IN POLICE CUSTODY.
ORDER

SC: Charges against the petitioner are not such that custodial interogation would be required. Considering totality of the plea and health condition of @RaghuRaju_MP since he has undergone open heart surgery, we deem it fit that petitioner be enlarged on BAIL
SC: Petitioner is directed to cooperate with investigation and present himself when called upon by the investigation officer. Petitioner to be given 24 hours prior notice by the investigating officer. The interrogation will be in presence of a lawyer may be unconnected to case
#SupremeCourt: The petitioner shall not give any interview to the print or visual media on this case or anything else.

@ysjagan @RaghuRaju_MP
Adv Rao: Please maintain Y category security

Justice Saran: we cannot put a stamp on Delhi HC order. We further direct that petitioner will not tamper with any evidence or witness.

#SupremeCourt
Justice Saran: Petitioner to submit a bail bond of 1 lakh and two sureties of the same amount before the trial court within 10 days.

#SupremeCourt @ysjagan @RaghuRaju_MP
Supreme Court modifies the order to :

"we are of the prima facie opinion that the petitioner was POSSIBLY ill treated in police custody."
Justice Saran: please ask the petitioner to not display injuries to press else its an obstruction of justice. We will take serious view of the same.
[BREAKING] Supreme Court grants Raghurama Krishnam Raju bail in sedition case; prima facie holds that he was ill-treated while in police custody

report by @DebayonRoy

#SupremeCourt #AndhraPradesh

@AndhraPradeshCM @YSRCParty
@RaghuRaju_MP

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