Andhra Pradesh High Court bars Chandrababu Naidu from attending political rallies, public meetings

The Andhra Pradesh High Court on Friday restrained former Chief Minister N Chandrababu Naidu from organizing or participating in public rallies and meetings while on interim bail in the skill development program scam case. [Sri Nara Chandra Babu Naidu vs The State Of Andhra Pradesh].Justice T Mallikarjuna Rao imposed the restrictions on Naidu in addition to the conditions already imposed on him on October 31 in the order granting him interim bail on medical grounds for four weeks.The Court also said that Naidu should abstain from making any public comments related to the case. The restrictions were imposed after the State moved an application to bar the Telugu Desam Party leader from engaging in political rallies.“After a thorough review of the material at hand, this Court is inclined to instruct the respondent not to engage in political rallies and public meetings,” Justice Roa said in the order..The Court reasoned that the conditions were not a blanket ban or a violation of Naidu’s fundamental rights and that they were reasonable restrictions, reflecting a balanced approach that was not in conflict with the competing rights of the prosecution. The intention was to maintain legal order while causing the least possible interference with Naidu’s convenience and fundamental rights, the Court added.In view of this concern, the Court also turned down the State’s request to restrain Naidu from speaking to the media or posting on any social media platform “on any issue” while he is out on interim bail. The Court said that restricting Naidu from appearing before the media or restraining him from using social media affects his fundamental right to freedom of speech.“Simply because interim bail was granted on health grounds, it does not automatically imply that he is not entitled to continue his usual activities, which include expressing his views as he did prior to his arrest," the Court said. .It further opined that as the president of a political party, Naidu has an inherent responsibility to express his opinion on various issues within the State, particularly with regard to the State's policies.Observing that he should not be subjected to restrictions in his political activities, the Court said that such conditions could significantly impact the electoral prospects of his political party.In this context, the Court added that the investigating agency was expected to clarify as to how it was concerned with Naidu’s political activities. It should have explained how the imposition of conditions related to political activities would contribute to the investigative process, the Court pointed out while declining to impose such restrictions.The Court further noted that Naidu has alleged that a political vendetta was at play in this case at the behest of the ruling party to prevent him from engaging in political activities. “This is particularly pertinent in light of the upcoming State Elections, scheduled for early next year,” said the Court..On the State’s submission that Naidu had delivered a speech shortly after his release from prison and indirectly engaged in political activities, the Court said that the evidence does not indicate that he organized the political rally or conducted a public meeting.Naidu may not be in a position to prevent people from coming to see him, and it is natural for him to respond when people greet him, the bench explained.Stating that it cannot direct people to not visit Naidu, the Court said the presence of people who came to see him should not be viewed as detrimental to the ongoing investigation in this case..The Court also rejected the State’s prayer for the deployment of two Deputy Superintendents of Police (DSPs) at Naidu’s residence. It opined that the same would constitute a breach of his right to privacy, and also clarified that the interim bail on health grounds should not be equated with "custodial bail.".Additional Advocate General Ponnavolu Sudhakar Reddy represented the State government. Senior Counsel Dammalapati Srinivas represented N Chandrababu Naidu..[Read Order]