“I’m amused at these proceedings”: Dushyant Dave remarks while opposing issuance of notice in plea seeking CBI Investigation into torture on YSR rebel leader Raghu Raju

Update: 2021-05-25 13:32 GMT

The Supreme Court today issued notice in a plea filed by YSR Congress Raghu Raju’s son’s plea CBI investigation into the alleged torture afflicted by the CID on Kanumuri Raghurama Krishnam Raju.

Senior Advocate Dushyant Dave appearing on behalf of the State of Andhra Pradesh while opposing issuance of notice by the Supreme Court said, “Why issue notice? They want to use the Supreme Court to act in this fashion. What is this happening I am not able to understand. I can only request the court to please don't do it. I will only say one thing : I am amused at the proceedings.

The remarks were made after the Bench of Justice Vineet Saran and Justice BR Gavai allowed Senior Advocate Mukul Rohatgi’s request for deleting Respondent No 2 to 7 & for impleading CBI as the party.

“Let the same be done by the parties at their own risk. Matter to be heard after 6 weeks”, the Court said.

Opposing Rohtagi’s prayer for impleading CBI & deleting the other respondents except Union of India and the Court issuing notice, Senior Advocate Dushyant Dave further said, “I object to this. The petition is to seek a CBI investigation.”

Sr Adv Rohatgi: Mr Dave has no locus. He has been deleted. I have a right to add & subtract the party at my own risk.

Saran J to Senior Advocate Dave: We have specifically mentioned that they are doing it at their own risk & are fixing it after 6 weeks. Mr Rohatgi is a very senior counsel & he knows. We won't pass orders without hearing the interested party. 

On the last date, a bench of Justice Vineet Saran and Justice BR Gavai while granting bail to YSCRP rebel MP Kanumuri Raghurama Krishnam Raju and noting that it could form an opinion that he had in fact been tortured in police custody had passed the following extensive order, 

Much water has flown, we deem proper to consider the bail application on merits. In construing the injuries as reported by report, we can form an opinion that the petitioner was tortured in police custody. Charges against the petitioner do not require his presence in custody. Construing the totality of circumstances & the health position of petitioner specially that the petitioner has undergone heart bypass surgery which has been noted in the report by the hospital board. We deem to enlarge the petitioner on bail"

Senior Advocate Mukul Rohatgi on behalf of  for Raghu Raju while apprising the bench of the contents of the medical report submitted by Army Hospital at Secunderabad & while submitting that the contents of the report were a proof of torture by CID demanded for the matter to be taken up by the CBI. 

So my allegations of torture by CID have been proved. If they're doing this to an MP, what would they do to the public? Let the matter be heard by the CBI.”, submitted Sr Adv Rohatgi.

Opposing Rohatgi’s submission, Sr Adv Dushyant Dave appearing for the State of Andhra Pradesh said, “We don't know if they are self-inflicted injuries or not. It is at their instance that a medical board was constituted.

Earlier, the Court had also directed the State Government of Andhra Pradesh to conduct a medical examination of Kanumuri Raghurama Krishnam Raju, Member of Parliament from YSR Congress at Hospital in the presence of a judicial officer. 

Raju had been charged with sedition for alleged remarks criticising the YS Jagan Reddy led-government in State of Andhra Pradesh.

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