SUNEETHA NARREDDY & ANOTHER versus THE CENTRAL BUREAU OF INVESTIGATION AND OTHERS
[2022] 8 S.C.R. 745, Supreme Court of India, 2022
Outcome: Appeal(s) allowed (Granted)
Segment: Ratio
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   [2022] 8 S.C.R. 745
SUNEETHA NARREDDY & ANOTHER
v.
THE CENTRAL BUREAU OF INVESTIGATION AND OTHERS
(Writ Petition (Criminal) No.169 of 2022)
NOVEMBER 29, 2022
[M. R. SHAH AND M. M. SUNDRESH, JJ.]
Transfer of Criminal Trial – Fair and Independent Trial –
Petition pertaining to the mysterious death of uncle of the Chief
Minister of Andhra Pradesh – Writ petition filed by the daughter
and the wife of the deceased seeking transfer of trial and direction
to the CBI for duly completing the investigation in time bound manner
– Apprehension of petitioners that star witnesses/witnesses were
having life threat perceptions and that some of the witnesses were
already influenced and that justice will not be done and/or there
shall not be a fair trial – Held: Justice is not only to be done but the
justice is seen to have been done also – Free and fair trial is sine
qua non of Art.21 of the Constitution – CBI/investigating agency
stopped further investigation due to apprehension of harassment
and filing of frivolous/false complaint – There was a reasonable
apprehension that there shall not be any fair investigation so far as
the further investigation on larger conspiracy and destruction of
evidence was concerned – One of the key witnesses initially
volunteered to give his statement, thereafter he did not turn up to
get his statement recorded and thereafter he died under mysterious
circumstance – Petitioners being daughter and wife of the deceased
have a fundamental
right to get justice as victim – This is a fit case
to transfer the trial and further investigation on larger conspiracy
and destruction of evidence to the State other than the State of
Andhra Pradesh – Trial ordered to be transferred to the CBI Special
Court, Hyderabad – Constitution of India – Arts. 21 and 32.
Allowing the writ petition, the Court
HELD: 1. From the facts, it emerges that one of the key
witnesses though initially he volunteered to give his statement
under Section 164 Cr.P.C. and the CBI submitted an application
to record his statement under Section 164 Cr.P.C., thereafter he
did not turn up to get his statement recorded and on the contrary
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he made a statement before the media that he was being
pressurised by the CBI. That thereafter he died under mysterious
circumstances. Considering these facts and circumstances, it
cannot be said that apprehension on the part of the petitioners
being daughter and wife of the deceased that there may not be a
fair trial and that there may not be any independent and fair
investigation with respect to further investigation on larger
conspiracy and destruction of evidence at the scene of incident
is imaginary and/or has no substance at all. The petitioners being
daughter and wife of the deceased have a fundamental right to
get justice as victim and they have a legitimate expectation that
criminal trial is being conducted in a fair and impartial manner
and uninfluenced by any extraneous considerations. Under the
circumstances, This Court is of the opinion that this is a fit case
to transfer the trial and further investigation on larger conspiracy
and destruction of evidence to the State other than the State of
Andhra Pradesh. [Paras 12 and 13][754-E-H; 755-A]
2. As per the settled position of law, justice is not only to
be done but the justice is seen to have been done also. As per
the settled position of law, free and fair trial is sine qua non of
Article 21 of the Constitution. If the criminal trial is not free and
fair and if it is biased, judicial fairness and the criminal justice
system would be at stake, shaking the
confidence of the public in
the system. However, at the same time, looking to the large
number of witnesses to be examined during the trial and no
hardship is caused to those witnesses, This Court is of the opinion
that instead of transferring the trial to New Delhi, it may be
transferred to CBI Special Court at Hyderabad. The trial is hereby
ordered to be transferred to the CBI Special Court, Hyderabad.
All the relevant papers including chargesheet/supplementary
chargesheet are now to be transferred to the CBI Special Court,
Hyderabad. The CBI is also directed to complete the further
investigation/investigation in the aforesaid FIR on the larger
conspiracy and destruction of evidence, as observed by the High
Court earlier, at the earliest and it goes without saying that it
must be done independently and in an unbiased manner. [Paras
14 and 15][755-B-E]
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Amarinder Singh v. Parkash Singh Badal (2009) 6 SCC
260 : [2009] 9 SCR 194 – followed.
Abdul Nazar Madani v. State of T.N. (2000) 6 SCC 204
: [2000] 3 SCR 1028; Jayendra Saraswathy Swamigal
(II) v. State of T.N. (2005) 8 SCC 771 : [2005] 4 Suppl.
 SCR 556- referred to.
Case Law Reference
[2009] 9 SCR 194
followed
Para 4.4
[2000] 3 SCR 1028
referred to
Para 7
[2005] 4 Suppl.  SCR 556
referred to
Para 7.1
CRIMINAL ORIGINAL JURISDICTION : Writ Petition
(Criminal) No.169 of 2022.
(Under Article 32 of The Constitution of India)
Siddharth Luthra, Siddhartha Dave, Sr. Advs., Ms. Jesal Wahi,
Anmol Kheta, Ms. Cheshta Jetly, Ms. Vidhi Thaker, Advs. for the
Petitioners.
K. M Nataraj, ASG, S. Niranjan Reddy, Guru Krishnakumar, Kapil
Sibal, Sr Advs., Ms. Swarupama Chaturvedi, Vatsal Joshi,Vinayak
Sharma, Nakul Chengappa K.K., Arvind Kumar Sharma, Mahfooz Ahsan
Nazki, Polanki Gowtham, Ms. Rajeswari Mukherjee, Shaik Mohamad
Haneef, T. Vijaya Bhaskar Reddy, K.V. Girish Chowdary, Ms. Akhila
Palem, Abhishek Sharma, Sahil Raveen, Ashutosh Dubey, R.
Krishnaamorthi, Mohit Jaiswal, Dhruv Gosoami, Shiv Sagar Tiwari, Nepal
Singh, Ms. Aakanksha Tiwari, Venkatesh Rajput, Ananga Bhattacharyya,
Rohit Rao. N., Ms. Devahuti Tamuli, Ms. Ekta Pradhan, Ms. Anushka
Singh, M/s Veritas Legis, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. The present writ petition under Article 32 of the Constitution of
India has been preferred by the daughter and
the wife of the deceased
– Y.S. Vivekananda Reddy, seeking transfer of trial arising out of RC-
04(S)/2020/CBI/SC-III/New Delhi from CBI Special Court, Kadapa,
Andhra Pradesh to the CBI Special Court, Hyderabad or CBI Special
Court, New Delhi, and also to direct the CBI for duly completing the
investigation in the aforesaid FIR in a time bound manner.
SUNEETHA NARREDDY & ANOTHER v. THE CENTRAL
BUREAU OF INVESTIGATION AND OTHERS
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2. Shri Siddharth Luthra, learned Senior Advocate appearing on
behalf of the petitioners has submitted that the incident pertains to the
mysterious death of late Shri Y.S. Vivekananda Reddy, the brother of
late Shri Y.S. Rajasekhara Reddy (former Chief Minister of the united
State of Andhra Pradesh) and uncle of Shri Y.S. Jaganmohan Reddy,
the present Chief Minister of Andhra Pradesh and the opposite leader at
the time of the incident.
2.1 It is submitted that the deceased was brutally murdered on
the intervening night of 14-15/03.2019 in his house. It is submitted that
the then State Government constituted a Special Investigation Team (SIT).
However, subsequently, petitioner No.2 and Shri Y. Jaganmohan Reddy
filed petitions before the High Court of Andhra Pradesh for transfer of
investigation to the CBI. It is submitted that thereafter the elections to
the State Assembly were held on 11.04.2019 and Shri Y. Jaganmohan
Reddy became the Chief Minister and took oath on 30.05.2019.
Thereafter, the SIT was re-constituted twice, but there was no progress
in the investigation and therefore petitioner No.1 was constrained to
approach the High Court to transfer the investigation to the CBI. However,
Shri Y. Jaganmohan Reddy withdrew his petition for transferring the
investigation to the CBI and the State also opposed such transfer.
However, the High Court was pleased to transfer the investigation to
the CBI.
2.2 It is
submitted that thereafter and after the CBI took over the
investigation, there was substantial progress and in the course of time,
five accused have been arrested and the chargesheet and the
supplementary chargesheet have been filed. It is submitted that however,
though in the chargesheet, the role of one Y.S. Avinash Reddy, who is a
sitting Member of Parliament from the ruling party in Andhra Pradesh
came to light and he was mentioned as a suspect and he played a key
role in the destruction of the evidence and spreading false news that the
deceased died due to heart attack, the said Y.S. Avinash Reddy has not
yet been arrested and the State authorities and the influential people in
the State are using all kinds of tactics to scuttle the investigation with the
aim to shield the said Y.S. Avinash Reddy and his close associate D.
Shiv Shankar Reddy (A5). It is submitted that not only that, a false
complaint came to be filed against the officers of the CBI and the CBI
officers were constrained to approach the High Court against the said
complaint and the High Court was pleased to stay all further proceedings.
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It is submitted that however the investigation has been stalled due to the
pendency of the complaint and the CBI officers leaving Andhra Pradesh.
It is submitted that thereafter the CBI officers have not resumed
investigation anticipating more false complaints at the behest of the
accused and interference by the State authorities if they resume
investigation by travelling to Andhra Pradesh.
2.3 It is submitted that the people involved in the crime, with the
aid and active participation of the State authorities and influential people
in the State are making conscious efforts to scuttle the investigation and
protect the culprits by influencing the witnesses, the investigation, and
the judicial process.
2.4 It is submitted that the lives of the key witnesses and accused,
specially one Shaik Dastagiri (A4) and one Ranganna (PW61) are in
danger. It is submitted that one of the key witnesses has died in a
suspicious manner.
2.5 It is submitted that one of the witnesses who initially agreed to
give his statement under Section 164 Cr.P.C. has been subsequently
scared and he has been taken back on duty and thereafter he has refused
to give his statement under Section 164 Cr.P.C. It is submitted that
therefore all pressure tactics are being adopted not to further investigate.
It is submitted that as the witnesses are under threat, the petitioners are
apprehending that they may not get justice and therefore it is prayed to
transfer the trial either to New Delhi or
Hyderabad.
2.6 It is further submitted that even some witnesses are provided
with special security considering life threat perception to them. It is
submitted that therefore the petitioners have reasonable apprehension
that there shall not be any fair and independent trial if the same is
continued at CBI Special Court, Kadapa, Andhra Pradesh.
3. Shri K.M. Nataraj, learned Additional Solicitor General of India
has appeared on behalf of the respondent -CBI. A counter affidavit has
been filed on behalf of the CBI.
3.1 It is submitted that in light of the observations made by the
High Court of Andhra Pradesh at Amravati, further investigation of the
case is still continuing on the issue of larger conspiracy for murder and
destruction of evidence at the scene of crime.
3.2 Now so far as the allegation of the applicants on influence/
inducement/threat to the witnesses and the false and frivolous complaints
SUNEETHA NARREDDY & ANOTHER v. THE CENTRAL
BUREAU OF INVESTIGATION AND OTHERS [M. R. SHAH, J.]
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against the officers of the CBI/investigating agency is concerned, it is
submitted that the events unfolded during the course of investigation do
indicate that several witnesses in the case are being influenced at the
behest of the accused D. Siva Shankar Reddy (A5) and his close
associates. It is reported that three star witnesses are already suspected
to have come under the influence of A5 and other conspirators.
3.3 It is submitted that in the course of investigation, one K.
Gangadhar Reddy, a criminal and a close associate of the accused D.
Siva Shankar Reddy (A5) himself had approached CBI and thereafter
his statement under Section 161 Cr.P.C. was recorded. It is submitted
that he volunteered to give the statement to the learned Magistrate.
Therefore, the investigating officer of CBI, to get his statement recorded
before the learned Court, filed an application and vide order dated
27.11.2021 the learned Court nominated the learned Judicial Magistrate
(First Class), Jamalamudugu to record the statement of K. Gangadhar
Reddy under section 164 Cr.P.C. However, on 29.11.2021, the said K.
Gangadhar Reddy did not attend the court of JMFC, Jamalamudugu to
give his statement under Section 164 Cr.P.C. It is submitted that on the
contrary he gave a statement before the media that he is being pressurised
by the CBI to give statement. It is submitted that thereafter the said K.
Gangadhar Reddy had died under suspicious
circumstances on 9.6.2022
in his house. It is submitted that one another witness, namely, J.
Shankaraiah was suspended for dereliction of duty in connection with
the incident and whose statement was earlier recorded under section
161 Cr.P.C. was to appear for recording his statement under Section
164 Cr.P.C., however, he has been warned over and initially he did not
appear for recording his statement pursuant to the order dated 30.09.2021.
However, thereafter his suspension came to be revoked on 6.10.2021
and he was reinstated in service and therefore thereafter he is not
appearing for recording his statement under section 164 Cr.P.C.
3.4 It is submitted that two star witnesses are already under the
police protection, considering the life threat perception to them. Therefore,
it is submitted that there are all possibilities of influencing the witnesses
and/or tampering with the evidence and there shall not be a fair further
investigation on the larger conspiracy as the officers of the CBI/
investigating agency are also pressurised and given threats and even
false FIR is filed against them.
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4. Shri S. Niranjan Reddy, learned Senior Advocate has appeared
on behalf of the State and has opposed the present petition. We have
heard Shri Kapil Sibbal and Shri Guru Krishnakumar, learned Senior
Advocates appearing on behalf of the respective respondents/impleaders,
who are opposing the present writ petition. The present petition is also
opposed by the learned counsel appearing on behalf of respondent No.4.
A counter affidavit is also filed on behalf of respondent No.4.
4.1 While opposing the present petition, learned senior counsel/
counsel appearing on behalf of the respondents/impleaders have
vehemently submitted that the present petition for the reliefs sought may
not be entertained.
4.2 It is submitted that the primary contentions of the petitioners
are in relation to witnesses being influenced and threat to lives of accused
No.4 – the approver and other witnesses. It is submitted that no real
threat perception to either the life of the accused or to the witnesses has
been established by the petitioners. It is submitted that more than three
years have passed since the murder of the deceased has happened, but
none of the witnesses or accused has approached the police, CBI or
Courts and alleged any threat to life.
4.3 It is submitted that in fact to witnesses, namely, Shaik Dastagiri
and Ranganna have already been granted protection by the Sessions
Court under the Witness Protection Scheme, 2018.
4.4 Relying upon the decision of this Court in the
case of
Amarinder Singh v. Parkash Singh Badal, (2009) 6 SCC 260, it is
submitted that as observed and held by this Court, the apprehension of
not getting a fair and impartial enquiry/trial is required to be reasonable
and not imaginary.
4.5 It is submitted that relief of transfer of trial sought in the present
petition has a direct bearing on the right of defence of the accused.
4.6 It is further submitted that in the present case the chargesheet/
supplementary chargesheet have been filed. It is submitted that there
are more than 250 witnesses to be examined and therefore if the trial is
transferred to Delhi and/or outside the State of Andhra Pradesh, it may
not only cause undue hardship to those witnesses but in fact may also
prejudice the accused and therefore there may not be chances of a fair
trial.
SUNEETHA NARREDDY & ANOTHER v. THE CENTRAL
BUREAU OF INVESTIGATION AND OTHERS [M. R. SHAH, J.]
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5. We have heard learned counsel for the respective parties at
length.
The present petition pertains to the mysterious death of late Y.S.
Vivekananda Reddy, the brother of late Y.S. Rajasekhara Reddy (former
Chief Minister of the united State of Andhra Pradesh) and uncle of Y.S.
Jaganmohan Reddy, the present Chief Minister of Andhra Pradesh and
the opposite leader at the time of the incident. The present petitioner
No.1 Dr. Suneetha Narreddy is the daughter of the deceased. She is a
Doctor by profession. The present petition under Article 32 of the
Constitution of India has been filed by the daughter and wife of the
deceased, seeking transfer of trial arising out of RC-04(S)/2020/CBI/
SC-III/New Delhi from CBI Special Court, Kadapa, Andhra Pradesh to
the CBI Special Court, Hyderabad or CBI Special Court, New Delhi,
and also to direct the CBI for duly completing the investigation in the
aforesaid FIR in a time bound manner.
6.  It is apprehended on behalf of the petitioners that star witnesses/
witnesses are having life threat perceptions and that some of the witnesses
are already influenced. Therefore, it is apprehended that there is every
likelihood that there may not be a fair and impartial trial and even further
investigation on the issue of larger conspiracy for murder and destruction
of evidence at the scene of crime because of the influence on the part of
the accused and the State machinery.
7. In the case of
Abdul Nazar Madani v. State of T.N., (2000)
6 SCC 204, in paragraph 7, it is observed and held as under:
“7. The purpose of the criminal trial is to dispense fair and impartial
justice uninfluenced by extraneous considerations. When it is
shown that public confidence in the fairness of a trial would be
seriously undermined, any party can seek the transfer of a case
within the State under Section 407 and anywhere in the country
under Section 406 CrPC. The apprehension of not getting a fair
and impartial inquiry or trial is required to be reasonable and not
imaginary, based upon conjectures and surmises. If it appears
that the dispensation of criminal justice is not possible impartially
and objectively and without any bias, before any court or even at
any place, the appropriate court may transfer the case to another
court where it feels that holding of fair and proper trial is conducive.
No universal or hard and fast rules can be prescribed for deciding
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a transfer petition which has always to be decided on the basis of
the facts of each case. Convenience of the parties including the
witnesses to be produced at the trial is also a relevant consideration
for deciding the transfer petition…..” 
7.1 Similar view has been expressed in the case of Jayendra
Saraswathy Swamigal (II) v. State of T.N., (2005) 8 SCC 771.
8. It is true that as per the settled position of law and even as
observed and held by this Court in the case of Amarinder Singh (supra)
for transfer of a criminal case, there must be a reasonable apprehension
on the part of the party to a case that justice may not be done. It is also
observed in the said decision that it is one of the principles of
administration of justice that justice should not only be done but it should
be seen to be done. As observed by this Court in the aforesaid decision,
however, the Court has to see whether the apprehension alleged is
reasonable or not. The apprehension must not only be imaginary, but
must appear to the court to be a reasonable apprehension.
9. Now let us consider whether the apprehension that justice will
not be done and/or there shall not be a fair trial, is reasonable or not.
The deceased was murdered on 14-15/03/2019 in his house. The
then State Government constituted a SIT. Subsequently, petitioner No.2
and Y. Jaganmohan Reddy (the present Chief Minister) filed petitions
before the High Court of Andhra Pradesh for transfer of investigation to
CBI.
That thereafter the allegations to the State Assembly were held on
11.04.2019 and the said Y. Jaganmohan Reddy became the Chief Minister
and took oath on 30.05.2019. Thereafter, the SIT was re-constituted
twice, but there was no progress in the investigation and therefore
petitioner No.2 was constrained to approach the High Court for transfer
of investigation to CBI. However, in view of the changed circumstances,
Y. Jaganmohan Reddy withdrew his petition to transfer the investigation
to CBI and the State opposed such transfer. However, the High Court
was pleased to transfer the investigation to the CBI and that is how the
CBI took over the investigation. During the course of investigation, the
CBI filed chargesheet/supplementary chargesheet. However, pursuant
to the order passed by the High Court, further investigation by the CBI
on the issue of larger conspiracy of murder and destruction of evidence
at the scheme of crime is still continuing. During the course of further
investigation on the larger conspiracy, an FIR against the officers of the
SUNEETHA NARREDDY & ANOTHER v. THE CENTRAL
BUREAU OF INVESTIGATION AND OTHERS [M. R. SHAH, J.]
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CBI is filed which has been stayed by the High Court. It appears that
therefore apprehending harassment and filing false/frivolous complaints,
the CBI/investigating agency stopped further investigation. Therefore,
there is a reasonable apprehension that there shall not be any fair
investigation so far as the further investigation on larger conspiracy and
destruction of evidence is concerned.
10. Even two key witnesses, namely, Shaik Dastagiri and Ranganna
are already given the police protection under the Witnesses Protection
Scheme, 2018, pursuant to the order passed by the learned Sessions
Court, considering the life threat perception. Even in the response to the
present petition, learned counsel appearing on behalf of the State has
also produced the orders passed by the competent authority granting
police protection to two witnesses.
11. As observed hereinabove, one of the witnesses who was to
record his statement under Section 164 Cr.P.C. has not appeared for
recording of his statement, though initially he volunteered to given the
statement under Section 164 Cr.P.C. The reason seems to be that
thereafter his suspension order has been revoked and he has been taken
back on duty.
12. From the facts narrated hereinabove, it emerges that one of
the key witnesses, namely, K. Gangadhar Reddy, though initially he
volunteered to give his statement under Section 164 Cr.P.C. and the
CBI submitted an application to record his
statement under Section 164
Cr.P.C., thereafter he did not turn up to get his statement recorded and
on the contrary he made a statement before the media that he was being
pressurised by the CBI. That thereafter he has died under mysterious
circumstances.
13. Considering the aforesaid facts and circumstances, it cannot
be said that apprehension on the part of the petitioners being daughter
and wife of the deceased that there may not be a fair trial and that there
may not be any independent and fair investigation with respect to further
investigation on larger conspiracy and destruction of evidence at the
scene of incident is imaginary and/or has no substance at all. The
petitioners being daughter and wife of the deceased have a fundamental
right to get justice as victim and they have a legitimate expectation that
criminal trial is being conducted in a fair and impartial manner and
uninfluenced by any extraneous considerations. Under the circumstances,
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we are of the opinion that this is a fit case to transfer the trial and further
investigation on larger conspiracy and destruction of evidence to the
State other than the State of Andhra Pradesh.
14. As per the settled position of law, justice is not to be done but
the justice is seen to have been done also. As per the settled position of
law, free and fair trial is sine qua non of Article 21 of the Constitution. If
the criminal trial is not free and fair and if it is biased, judicial fairness
and the criminal justice system would be at stake, shaking the confidence
of the public in the system. However, at the same time, looking to the
large number of witnesses to be examined during the trial and no hardship
is caused to those witnesses, we are of the opinion that instead of
transferring the trial to New Delhi, it may be transferred to CBI Special
Court at Hyderabad.
15. In view of the above and for the reasons stated above, the
present writ petition is allowed. The trial arising out of RC-04(S)/2020/
CBI/SC-III/New Delhi from CBI Special Court, Kadapa, Andhra
Pradesh is hereby ordered to be transferred to the CBI Special Court,
Hyderabad. All the relevant papers including chargesheet/supplementary
chargesheet are now to be transferred to the CBI Special Court,
Hyderabad. The CBI is also directed to complete the further investigation/
investigation in the aforesaid FIR on the larger conspiracy and destruction
of evidence, as observed by the High Court
earlier, at the earliest and it
goes without saying that it must be done independently and in an unbiased
manner.
Devika Gujral
Writ petition allowed.
(Assisted by : Shubhanshu Das, LCRA)
SUNEETHA NARREDDY & ANOTHER v. THE CENTRAL
BUREAU OF INVESTIGATION AND OTHERS [M. R. SHAH, J.]