SC Grants Bail To YSRCP MP Raghu Ramakrishna Raju In Sedition Case

Facts of the Case

• The YSR Congress Party MP Raghu Ramakrishna Raju was arrested on May 14, 2021, under sedition charges, and for promoting communal hatred over his grave statements against the ruling party in Andhra Pradesh was taken to the Crime Investigation Department Office in Guntur district.
• The Crime Investigation Department’s ADG registered a case against MP Raju u/s 124 A, 153 A, and 505 r/w 120 B of the Indian Penal Code.
• After taking note of the fact that the Magistrate had found injuries on Raju’s feet, the Supreme Court Bench of Justices Vineet Saran and B. R. Gavai on May 17th directed that the MP be taken to the Army Hospital at Secunderabad for medical examination concerning the allegations of custodial torture.
• The Andhra Pradesh High Court on 14th May rejected his bail application stating that he should approach the Sessions Court first. On 21st May 2021, Rohtagi, appearing for the petitioner, submitted that the High Court’s ruling to reject his bail application and asking him to approach the Sessions Court first is illegal as the Petitioner has a right to approach the High Court.

Details of the Case

• The Supreme Court on Friday granted bail to the YSRCP MP Raghu Ramakrishna Raju in a sedition case lodged against him in Andhra Pradesh. The Top Court further imposed several bail restrictions on him including that he would not give any interviews to the media concerning the case.
• Referring to the medical reports received from the Army Hospital at Secunderabad, the SC Bench held that it cannot be ruled out that Raju was mistreated while in custody.
• Senior Advocate Mukul Rohtagi further argued that Raju’s statements were in criticizing the actions of the state and those cannot be classified as sedition and made punishable u/s 124 A of the IPC. Raju had addressed the print and electronic media criticizing the failure of the CM and his Government in dealing with the Covid associated problems.
• The State, represented by Senior Advocate Dushyant Dave argued that the Special Leave Petition should be dismissed because the Petitioner has an alternate remedy of filing bail application before the Sessions Court. He further argued that the Petitioner holds a major authority and the power to influence the minds of the people. He denied the allegations of custodial violence alleging that the injuries might be self-inflicted.

Court’s Observations

• The Apex Court bench has however refused to pass any order at the moment as the High Court’s Order is yet to be uploaded.
• For now, however, the Supreme Court has granted bail to the rebel YSRCP MP in the sedition case.

Do you think granting bail to Mr. Raju was the correct course of action?