The Supreme Court today stayed the ex-parte injunction order passed by a District Court in Andhra Pradesh restraining Andhra Pradesh Congress Committe President YS Sharmila and others from speaking against the YSR Congress Party and Chief Minister YS Jagan Mohan Reddy in connection with the murder of YS Vivekananda Reddy.
A bench of Justice BR Gavai and Justice Sandeep Mehta stayed the order on a petition filed by YS Sharmila against the refusal of the Andhra Pradesh High Court to interfere with the injunction order passed by the District Court.
The bench observed that the District Judge passed the restraint order without hearing YS Sharmila which had the effect of curtailing her freedom of speech and expression. It added that the Judge has passed an order of injunction which has very serious ramifications. Subsequently, the top court stayed the order passed by the Kadapa District Court on April 16, 2024.
Appearing for YS Sharmila, Senior Advocate Gaurav Aggarwal informed that contempt petitions have been filed against her alleging violation of the injunction order. The counsel relied on a recent judgment passed by the Supreme Court in the Bloomberg case advising trial judges to not routinely pass pre-trial injunctions restraining freedom of speech and expression.
The Senior ADvocate contended that the order has very serious implications, asking the court to look at the ambit of the injunction. He further mentioned that the injunction order has the effect of curbing the political speeches of the petitioner at the time of elections. He also underlined that some of the respondents are accused in the Vivekananda Reddy murder case.
The Senior Counsel pointed out that the injunction order was widely worded restraining the petitioner from propagating and making derogatory and defamatory remarks against YSRC Party, Chief Minister and Party President YS Jagan Mohan Reddy, Avinash Reddy etc.