IMPORTANT POINT
Free and fair trial is sine qua non of Article 21 of Constitution. If criminal trial is not free and fair and if it is biased, judicial fairness and criminal justice system would be at stake, shaking confidence of public in the system.

JUDGMENT :

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.

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 charge-sheet and the supplementary charge-sheet have been filed. It is submitted that however, though in the charge-sheet, 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. 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 (PW-61) are in danger. It is submitted that one of the key witnesses has died in a suspicious manner.

2.5 It is submitted th