New Delhi: The Supreme Court on Friday stayed an order passed by a district court in Andhra Pradesh injuncting state Congress chief YS Sharmila and others from making comments against YSR Congress Party and some of its members over the killing of her uncle and former MP Y S Vivekananda Reddy, saying the injunction curtails the right to freedom of speech and expression.
A bench of Justices B R Gavai and Sandeep Mehta passed the order while hearing Ms Sharmila's plea challenging an order of the Andhra Pradesh High Court which had disposed of the appeal against the district court's April 16 order.
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 Ms Sharmila, the estranged sister of Andhra Pradesh Chief Minister YS Jagan Mohan Reddy, and others.
Vivekananda Reddy was found murdered at his ancestral house in Pulivendula in Kadapa district in the early hours of March 15, 2019, when the general elections were round the corner.
During the hearing before the apex court, senior advocate Gaurav Agrawal, appearing for Ms Sharmila, said a political party had filed a suit and got an ex-parte injunction.
"On the eve of elections, see the nature of injunctions," he told the bench, adding that application for vacating the ex-parte order was rejected on May 8. "I am praying for stay of this order," he said, adding that contempt petitions were being filed for alleged violation of the injunction order.
The bench observed that the district court, even without providing an opportunity of being heard to the defendants, including Ms Sharmila, had passed an order of injunction which has very serious ramifications. "In effect, the injunction curtails the right of the defendant of freedom of speech and expression," it said, adding, "In that view of the matter, we are inclined to stay the order dated April 16, 2024 and all subsequent proceedings".
The CBI has alleged that sitting Kadapa MP Y S Avinash Reddy, a relative of Sharmila and Jagan Mohan, and his father Y S Bhaskar Reddy were among those behind Vivekananda Reddy's murder, a charge denied by them. Avinash Reddy, the YSR Congress Party lawmaker, is considered very close to Jagan Mohan Reddy.
The bench has posted the matter for further hearing after summer vacations of the apex court.
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