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Synopsis

The Supreme Court yesterday stayed the arrest of the head of social media affairs of YSR Congress Party for a period of two weeks.

YSR Congress Party is a political front which is primarily active in the States of Andhra Pradesh and Telangana.

S Bhargav Reddy, the social media head, had approached the Supreme Court invoking jurisdiction under Article 32 of the Constitution, inter alia, alleging that the State of Andhra Pradesh and its authorities are misusing Section 111 of the Bharatiya Nyaya Samhita, 2023.

Reddy claimed that multiple FIRs have been registered against him for various offences. A bench of Justices Surya Kant and Ujjal Bhuyan were further told that contrary to the legislative intent of tackling serious organised offences through Section 111 of BNS, the said provision was being misused as a tool to stifle the voice of opposition party.

Siddharth Luthra, Senior Counsel for the State of Andhra Pradesh referred to some material prima facie showing how the petitioner was actively involved in an organised crime, which is a continuing offence. He further pointed out that the petitioner already approached the High Court of Andhra Pradesh and some of his petitions were pending in which even ad-interim relief had also been granted.

Noting that the reliefs could be effectively claimed before the High Court, the Supreme Court bench disposed of Reddy's Writ Petition, with liberty to approach the High Court seeking the same relief as prayed for in the instant Writ Petition.

"Since the petitioner is apprehending his immediate arrest, which may disable him to approach the High Court, we direct that the arrest of the petitioner shall remain stayed for a period of two weeks to enable him, meanwhile, to approach the High Court...", Court further ordered.

Case Title: S. BHARGAV REDDY vs. THE STATE OF ANDHRA PRADESH AND ORS.