Poll video violating code: Telangana HC reserves orders in MLA Padi Kaushik Reddy’s petition

Hyderabad: The Telangana High Court reserved orders in the criminal petition filed by Padi Kaushik Reddy, BRS MLA, Huzurabad Assembly Constituency.

A single bench comprising Justice Kunuru Lakshman on Tuesday passed the order. Petitioner Kaushik Reddy has filed a petition seeking a stay order on all further proceedings on the file of the Special Judicial First Class Magistrate for Excise Court at Nampally, including his appearance before the Court.

What is the case about?

During 2023 Assembly Elections, Padi Kaushik Reddy, who was the contesting candidate on the BRS party ticket had released a video on November 18, 2023, in which the petitioner was seen delivering a short message to the voters of the Huzurabad Assembly Constituency asking them to ‘vote’ for him in the Assembly Elections so that he wins in the election.

The petitioner, Kaushik Reddy, in the short video made it clear to the voters of the Huzurabad Assembly Constituency that if they don’t vote for him and he loses elections, then the voters will have to attend his funeral procession. The petitioner allegedly made such a statement at the Kamalapur Bus Stand.

As the allegedly petitioner violated the Model Code of Conduct, Gunde Babu, MCC Nodal Officer, Kamalapur, Hanumakonda, gave a complaint in Kamalapur PS, upon which a case was registered against the petitioner

‘The video is the only basis for registration of FIR’

Based on the said report, the police filed the chargesheet.

The counsel for the petitioner, during the course of arguments sought a stay on all further proceedings in the criminal case on the ground that the video which went viral during the 2023 Assembly Elections, which is the sole basis for registration of the FIR against the petitioner is an electronic evidence and the police ought to have preserved it and produced it before the court.

Such crucial evidence was neither preserved nor presented before the court confirming the statutory provisions, section 65-B(4) of the Evidence Act mandates that Electronic records have to be accompanied by a certificate to be treated as admissible evidence and the Police have not followed the procedure cited and have not produced the CD before the Court.

Hence, the petitioner seeks a STAY on all further proceedings in the Criminal Case, including his appearance before the Court.