VEM NARENDER REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Habeas Corpus Writ Petition has been filed by Mr. Vem Narender Reddy, a close associate and family friend of Mr. Anumula Revanth Reddy, an Ex-MLA and a contesting candidate from the Kodangal Assembly Constituency, Vikarabad District, in the General Elections for the Legislative Assembly-2018, which were underway at the time of filing of the habeas corpus petition. Mr. Reddy is also the Working President of Telangana Pradesh Congress Committee. According to the petitioner, on 04.12.2018, at about 2:40 a.m., Mr. Anumula Revanth Reddy was suddenly picked up by the police, and taken to an unknown destination. Therefore, the petitioner not only seeks a direction from this court for the production of the detenu before this court, but also prays that the State should be directed to pay a compensation of Rs.20.00 lakhs to Mr. Reddy for the violation of his fundamental right under Article 21 of the Constitution of India.

(2.) Briefly, the facts of the case are that Mr. Anumula Revanth Reddy was an M.L.A. from the Kodangal Assembly Constituency, Vikarabad District, for two consecutive terms. Since he would raise his voice against the ruling party for the public cause, he became a very popular political leader in the state. During the assembly elections, scheduled to be held on 07.12.2018, he was appointed as the Working President of the Telangana Pradesh Congress Committee.

(3.) During the period of election campaigns, on 27.11.2018 about 3:30 p.m., a team of officers raided the farm-house of one Mr. Patnam Narender Reddy, a contesting candidate of the Telangana Rashtra Samithi (TRS) Party from the Kodangal Constituency. During the raid, the police seized cash worth Rs.51.00 lakhs, and a note book which contained cash transactions relating to distribution of monies for the ensuing assembly elections. In the light of the said incident, on 03.12.2018, Mr. Reddy, the detenu, sent a complaint to the Election Commissioner and to the Chief Electoral Officer-cumPrincipal Secretary to Government GA (ELECS) Department, Telangana Secretariat, Hyderabad. He demanded that Mr. P. Narender Reddy should be disqualified from contesting the elections as he had violated the Model Code of Conduct and the Election Laws.