"The Video Is Not Doctored Video On The Face Of It": Apex Court Prohibits YSRCP MLA Pinnelli Reddy From Entering Machrela On June 4 After It Was Alleged He Destroyed EVMs
|The Supreme Court, today, prohibited Yuvajana Sramika Rythu Congress Party's ('YSRCP') MLA Pinnelli Ramakrishna Reddy from entering the Macherla constituency's counting station or in the vicinity on June 4, 2024, after alleged Electronic Voting Machine ('EVM') destructions incident at the polling booth.
Two Special Leave Petitions were filed by the Telugu Desam Party polling agents after the Andhra Pradesh High Court granted interim protection to Reddy on May 28, 2024.
The Vacation Bench of Justice Aravind Kumar and Justice Sandeep Mehta ordered, "The Respondent(Accused) Shri Pinnelli Ramakrishna Reddy can not enter the counting station where counting of ballot sheets take place on 04.06.2024 or within its vicinity would suffice to ally the apprehension expressed by the Petitioners herein, more particularly, in the background of the matter still being at large before the jurisdictional high court, hence, placing the said submission undertaking on record and prohibiting the respondent...from entering the counting area of the polling station, of Macherla Assembly Constituency. We request the High Court to dispose of the Petition which is pending before it and listed on 06.06.2024 on its own merits without being influenced by its earlier order granting protection. Accordingly, the Petitions stand disposed of."
Counsel appearing for the Petitioners submitted that Reddy went to the polling station, destroyed the polling booth and submitted the photographs and video before the Court.
After watching the video shown by the Counsel for the Petitioner, Justice Mehta said, "The Court granted interim protection after this...this is a mockery of the system...sheer mockery of the system."
Senior Advocate Vikas Singh appeared for Reddy and said "I am only saying this that the matter is listed before High Court...My Lordship please direct the High Court to see the matter...cannot be persuaded by a video...these are not official photographs."
Justice Aravind Kumar said, "We will assume for a moment and ignore these photographs also, the fact that the complainant himself says that the EVMs and VVPATs both were taken out and destroyed...people saw it...interim protection in such matters?...if we do not stay this order we will be making a mockery of the system...the allegations made in the complaint are prima facie accepted."
After the Bench suggested so, Senior Advocate Singh undertook that Reddy would not go near the constituency.
Justice Mehta remarked, "The video is not doctored video on the face of it."
It was also submitted by the Counsel for the Petitioners that Reddy's whereabouts were not known and he had violated the conditions of interim protection dated May 23, 2024.
The High Court had observed, "Considering the facts and circumstances of the case, in view of the discussion supra, since the similarly placed Petitioners de hors the Political Parties are facing allegations of offences punishable with imprisonment more than 7 years, i.e., Section 307 I.P.C., were given interim protection, it is apposite to apply the same yardstick to the Petitioner, who is also a contesting candidate. As mentioned supra, the sole purpose to show the indulgence was to enable an effective opportunity to the contesting candidates to monitor the counting procedure. It is no doubt true that as Representatives of People, the contesting/sitting candidates should be very cautious and responsible of their actions...In the light of the above mentioned premises, this Court is inclined to give interim protection not to take any coercive action against the petitioner including arrest the Petitioner in connection with the above crimes till the next date of hearing i.e. 06.06.2024."
Accordingly, the matter was disposed of.
Cause Title: Seshagiri Rao Namburi v. Pinnelli Ramakrishna Reddy and Anr. (Diary Nos. 25204 and 25512 of 2024)