Andhra Pradesh HC restricts Chandrababu Naidu's political rally participation

Andhra Pradesh HC restricts Chandrababu Naidu's political rally participation

The Andhra Pradesh High Court, on a recent Friday, has placed restrictions on former Chief Minister N Chandrababu Naidu, preventing him from organizing or taking part in public rallies and meetings while he is on interim bail in the skill development program scam case.

Justice T Mallikarjuna Rao has imposed these additional restrictions on N Chandrababu Naidu, in conjunction with the conditions set on October 31 when granting him interim bail based on medical reasons for a four-week period. The court has also made it clear that Naidu must refrain from making any public statements regarding the case.

These restrictions were put in place following an application by the State to prohibit the Telugu Desam Party leader from participating in political rallies.

The Court justified its decision by asserting that the imposed conditions do not amount to an absolute ban or a violation of Naidu's fundamental rights. Instead, they were considered reasonable restrictions, representing a balanced approach that respects both the rights of the prosecution and the individual. The Court clarified that its aim was to uphold legal order while causing minimal disruption to Naidu's convenience and fundamental rights.

Considering this concern, the Court rejected the State's request to prevent Naidu from interacting with the media or posting on any social media platform "on any issue" during his interim bail period. The Court pointed out that restricting Naidu from addressing the media or using social media would infringe upon his fundamental right to freedom of speech.

The Court also expressed the view that, as the president of a political party, Naidu holds an inherent responsibility to voice his opinions on various matters within the State, especially in relation to the State's policies. The Court emphasized that he should not be subject to restrictions in his political activities, as such limitations could have a significant impact on the electoral prospects of his political party.

In this context, the Court also noted that the investigating agency should have provided clarification regarding its concerns with Naidu's political activities. The Court highlighted that the agency should have outlined how the imposition of conditions related to political activities would benefit the investigative process. Consequently, the Court declined to impose such restrictions in the absence of a clear justification from the investigating agency.

The Court also acknowledged Naidu's claim that this case may be motivated by political vendetta and initiated by the ruling party with the intention of obstructing his political involvement.

In response to the State's argument that Naidu had delivered a speech shortly after his release from prison and indirectly engaged in political activities, the Court noted that the evidence did not suggest that he had organized a political rally or conducted a public meeting. The Court explained that Naidu might not be able to prevent people from coming to see him, and it is natural for him to respond when people greet him. The Court further stated that it cannot instruct people not to visit Naidu, and the presence of individuals who came to see him should not be seen as detrimental to the ongoing investigation in this case.

The Court also declined the State's request for the deployment of two Deputy Superintendents of Police (DSPs) at Naidu's residence. The Court stated that such a measure would infringe upon his right to privacy. It further clarified that the interim bail granted for health reasons should not be equated with "custodial bail."

Case: Sri Nara Chandra Babu Naidu vs The State Of Andhra Pradesh, I.A.No. 04 of 2023 in CRIMINAL PETITION No. 7951 OF 2023.

 

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