Supreme Court grants interim protection from arrest to YSR Congress social media head

New Delhi: The Supreme Court on Monday granted interim protection from arrest to YSR Congress party leader S Bhargav Reddy for two weeks to enable him to approach the High Court for further relief in cases filed against him for his alleged involvement in organised crime in Andhra Pradesh.

A bench of Justices Surya Kant and Ujjal Bhuyan directed that the arrest of the petitioner would remain stayed for a period of two weeks.

The bench clarified it will be the complete discretion of the High Court, after considering the merits and demerits of the issue, to extend or decline the interim protection as granted to the petitioner.

The petitioner led by senior advocate Kapil Sibal alleged that the Andhra Pradesh government and its authorities were misusing Section 111 of the Bharatiya Nyaya Samhita, 2023. He claimed multiple FIRs, at least six, have been registered against him for various offences.

Contrary to the legislative intent of tackling serious organised offences through Section 111 of BNS, the said provision is being misused as a tool to stifle the voice of opposition party, Sibal alleged.

Senior advocate Siddharth Luthra,. appearing for the Andhra Pradesh government, referred to some material which, prima facie, showed how the petitioner is actively involved in an organised crime, which is a continuing offence. He further said that the petitioner has already approached the High Court of Andhra Pradesh and some of his petitions are pending in which even ad-interim relief has also been granted.

After hearing, the bench said, "It seems to us that the relief sought by the petitioner in the instant writ petition, and the contentions raised on his behalf, can be effectively claimed or raised before the High Court in a petition under Article 226 of the Constitution read with Section 528 of BNSS (corresponding to Section 482 CrPC, which has now been repealed)."

Disposing of the writ petition, without expressing any opinion on merits of the allegations or the counter allegations, the bench granted liberty to the petitioner to approach the High Court seeking the same relief as sought in the instant writ petition.

"It goes without saying that the High Court will hear both sides and may pass appropriate order as it may deem fit," the bench said.