Is this a joke? Supreme Court gets angry over providing protection to MLA who broke EVM

New Delhi: The Supreme Court on Monday reprimanded YSR Congress Party (YSRCP) MLA Pinneli Ramakrishna Reddy and banned him/her from going to the counting centre. The MLA was caught on camera slamming an EVM at a polling booth. After watching the video of the incident, a bench headed by Justice Arvind Kumar said that the allegation of slamming the EVM on the ground was like ‘making a mockery of the system’. The court said that if the High Court order granting interim protection is not stayed, it would also be like making a mockery of the entire justice system. The bench also included Justice Sandeep Kumar. In its order, the apex court also considered the affidavit filed by the Macherla MLA’s lawyer Vikas Singh on behalf of the YSRCP leader in which it was said that he/she would not go to or near the counting centre on Tuesday.

The Supreme Court asked the Andhra Pradesh High Court to consider the anticipatory bail plea in the case on merits, without being influenced by its earlier decision to grant interim protection. The High Court in its interim order on May 23 had stayed the arrest of the accused MLA till June 5 in the case of EVM tampering during polling. A polling agent of TDP had approached the Supreme Court against the High Court order. The petition alleged that under pressure from Ramakrishna Reddy’s influence, the VRO in his/her report had accused unknown people of damaging the EVM at the polling booth.

Who is Ramakrishna Reddy?

Ramakrishna Reddy is contesting from Macherla for the fifth time as a YSRCP candidate. Police have registered a case against him/her under relevant sections of the IPC; Representation of the People Act, 1951; and Prevention of Damage to Public Property (PDPP) Act, 1984 after his/her video of smashing an EVM went viral. The incident took place at a polling booth in Macherla on polling day on May 13. The Election Commission had ordered his/her arrest after his/her video of smashing an EVM went viral. Later, three new cases of conspiracy to incite violence on polling day were registered against the MLA.

What did the court say?

The bench told senior advocate Vikas Singh, who appeared for Reddy, “When you see the video, you will find that this is a completely wrong order. This is a blatant mockery of the justice system.” The bench directed Reddy not to enter or even be near the counting center of Macherla assembly constituency on June 4. Lok Sabha and assembly elections were held simultaneously in Andhra Pradesh. The court told the Andhra Pradesh High Court that the court should decide without any hesitation on the petition related to the cases listed for hearing on June 6 against Reddy. Reddy was granted interim relief on May 28. Reddy, the YSRCP candidate from Macherla assembly constituency, along with his/her supporters, allegedly entered the polling station on the polling day on May 13 and broke the VVPAT and EVM machines.

Supreme Court’s tough stand

The apex court was hearing two petitions filed by Telugu Desam Party (TDP) polling agent Seshagiri Rao Namboodiri seeking cancellation of interim protection from arrest granted to the MLA. Namboodiri claimed that despite having video evidence, the police did not register a case against the MLA but registered a case against some unknown people. Singh said that he/she is not challenging these incidents but the presence of the MLA at the booth when these incidents allegedly took place. The bench said that after watching the video of the incident, the allegations appear to be prima facie true and should be accepted. The court said, ‘It was stated in the complaint that eight people entered inside the booth and took away VVPAT and EVMs and destroyed them. Now, if we do not stay the anticipatory bail order, it will be a mockery of the judicial system.’