New Delhi, 3 June

The Supreme Court on Monday barred YSR Congress Party MLA Pinnelli Ramakrishna Reddy, who allegedly smashed an EVM at a polling station, from entering the counting centre of Macherla assembly constituency on June 4.

A vacation bench of Justices Aravind Kumar and Sandeep Mehta saw the video of the May 13 incident and questioned the anticipatory bail granted to Reddy, and termed it as a "sheer mockery of the justice system". "Once you see the video, you will find that it is a completely erroneous order. This is sheer mockery of the justice system," the bench told senior advocate Vikas Singh, appearing for Reddy.

The bench directed Reddy to not enter the counting centre on June 4 or be in its vicinity. Elections to the Andhra Pradesh assembly were held simultaneously with the Lok Sabha polls.

The apex court asked the Andhra Pradesh High Court to decide the petition related to multiple cases lodged against Reddy in connection with various incidents that day, listed for hearing on June 6, without being influenced by the interim protection granted to him on May 28.

Reddy, the ruling YSRCP candidate for the Macherla seat, allegedly barged into the polling station with his supporters and broke VVPAT and EVM machines on the day of the poll on May 13.

The top court was hearing two pleas filed by the Telugu Desam Party (TDP) polling agent Seshagiri Rao Namburi seeking cancellation of the interim protection from arrest granted to the MLA. Namburi has claimed that even though there was video evidence, police did not register a case against the legislator but some unknown persons.

Singh said he is not contesting the the occurrences but the presence of the MLA at the polling booth when these allegedly happened.

The bench said that looking at the videos of the incident the allegations prima facie appear to be true and need to be accepted. "The complaint says eight people came inside the polling booth and took the VVPAT and EVMs and destroyed them. Now, if we do not stay the anticipatory bail order, it will be a mockery of the judicial system," the court said.

Singh said it is only an interim order subject to certain conditions and the matter is listed for June 6 for final hearing. He urged the court to not stay the anticipatory bail order as votes will be counted on Tuesday. "These videos are from the live telecast from the CCTV cameras installed in the polling booth by the Election Commission. It cannot be said to be a doctored video," the bench said, adding that there was no need for the high court to pass an anticipatory bail order.

Counsel appearing for the TDP polling agent said the interim anticipatory bail needs to be cancelled as he is a sitting MLA who wields considerable influence in the area. He urged the court to not allow Reddy in the constituency on the date of the counting and said the incident belittles the entire system.