VIJAYAWADA: The Andhra Pradesh High Court on Friday stayed the implementation of a Kuppam court order that had refused to remand YSRCP media wing general secretary Pudi Srihari and social media activist Girish Kumar Reddy in a case related to alleged objectionable social media posts.
While hearing a lunch motion petition filed by Kuppam police, Justice Dr Yadavalli Lakshmana Rao issued interim orders, served notices to the respondents, and posted the matter for further hearing on April 21.
Appearing for the State, Advocate General Dammalapati Srinivas argued that Srihari had declined to accept notices issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He contended that such refusal legally empowers the police to proceed with arrest, and the magistrate failed to properly consider this aspect while rejecting remand. He further submitted that at the stage of remand, courts are not expected to conduct an in-depth inquiry into the merits of the case.
He also told the court that both accused had not cooperated with the investigation and were allegedly involved in creating and amplifying defamatory content aimed at disturbing public order.
Referring to the Supreme Court’s ruling in the Arnesh Kumar case, he clarified that the judgment regulates arrest procedures but does not bar police from making arrests in appropriate circumstances.
Senior counsel Ponnavolu Sudhakar Reddy, appearing for Srihari, objected to the High Court granting interim relief without hearing the defense, terming it an ex parte order.
His objections led to a heated exchange with the Public Prosecutor during the proceedings.
In response, Justice Lakshmana Rao clarified that the High Court had only stayed the operation of the lower court’s order and had not set it aside.
He remarked that if the police proceed with arrest, the matter would still be subject to judicial scrutiny.