Viveka case: HC judges recuse from hearing appeal against gag order

Justices U. Durga Prasad and Jagadam Sumathi of the High Court (HC) on Monday recused from hearing a Criminal Miscellaneous Appeal (CMA) †led by TDP leader ‘B.Tech’ Ravi against the Kadapa district principal judge’s interim injunction order that restrained him and other respondents, including N. Chandrababu Naidu, Y.S. Sharmila, Suneetha Narreddy, Nara Lokesh, Pawan Kalyan and Daggubati Purandeswari, from making comments on the Y.S. Vivekananda Reddy murder during their election campaigns.

The judges have reportedly not disclosed the reasons for their recusal, which was the second such instance in less than a fortnight. Another Division Bench had earlier withdrawn from the case, as a consequence of which it was listed on April 29.

It may be recalled that Mr. Ravi †led the CMA for setting aside the Kadapa court’s gag order on multiple grounds. The main contention was that the said order was passed against Mr. Ravi and Mr. Naidu and others, who were proforma respondents, without such a relief being sought by the YSR Congress Party (YSRCP) Kadapa district president K. Suresh Babu and that no prima facie case has been made out by him that warranted the grant of the exparte ad-interim injunction order.

Moreover, Mr. Ravi argued that the impugned statements / comments / posts etc. made by him and the proforma respondents were borne by public record, especially the relevant reports †led in the CBI Court at Nampally (Hyderabad). Basically, the urgency (to issue the injunction) had not been made out by Mr. Suresh Babu, and the petitioner (Mr. Ravi) and the respondents were not granted an opportunity to be heard.

Of pertinence here is the fact that the former MP’s murder had been a major campaign issue, particularly in Kadapa district, as the slain leader’s daughter Suneetha, and Ms. Sharmila among others have been harping on the murder case and even suggested that sitting Kadapa MP Y.S. Avinash Reddy was behind the murder and was being protected by Chief Minister Y.S. Jagan Mohan Reddy.