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Jagan moves HC
Hyderabad, Oct 31: YSR Congress Party President YS Jagan Mohan
Reddy has filed a writ petition in the High Court seeking a direction
to the Andhra Pradesh government to hand over the investigation in
the attack on him at Vizag airport to an independent agency which
is not under the control of the State government.
The writ petition stated that there has been a conspiracy angle
beyond doubt going by sequence of events at the airport on October
25 and the manner in which the state police and Chief Minister have
been trying to dilute the incident by doling out incoherent and
uncorroborated details to the press even before the investigation
began to divert and dilute the case.
The Leader of Opposition has narrated the events at the Vizag
airport in detail and sought the intervention of the court in
directing for an inquiry by an agency which is not within the control
of the state as the TDP government has been actively pursuing the
line to close the case at the earliest without allowing the law to
take its own course.
The Leader of Opposition has named eight respondents in the writ
petition beginning with the State of Andhra Pradesh followed by
Director General of Police, two others from his Department along
with chief minister N Chandrababu Naidu and others.
I, Y. S. Jagan Mohan Reddy S/o Late Y.S. Rajasekhar Reddy, aged about 46 years,
Occ: Member of Legislative Assembly A.P. R/o. Plot No.3, 4 & 5, Lotus Pond Residency,
Road No.12, Near MLA Colony, Banjara Hills, Hyderabad do hereby solemnly affirm
1. I am the Petitioner herein and am fully conversant with the facts of the case.
2. The instant writ petition is being filed by the me aggrieved by the abuse of the
by Respondents No. 2 to 4 at such behest and for espousing and unearthing a cause of
serious conspiracy that needs to be properly investigated under the criminal justice
administration in terms of the constitutional and legal provisions. The failure of the
Respondents to undertake such actions in the legally provided manner is being challenged
the State of Andhra Pradesh and is president of a Political Party named as ‘Yuvajana
Political Party with the Election Commission of India. The said Political Party under the
leadership of the Petitioner, officiating as its president, has been elected as the principal
made by the party, the Petitioner herein has been officiating as the leader of opposition of
4. It is respectfully submitted that the Petitioner has been repeatedly agitating and
canvassing against the many wrongful and non-popular actions being conducted by the
party in power running the Government in the State of Andhra Pradesh under the
5. The Petitioner as a part of such demonstration against public policies has been
conducting a series of agitations and has also undertaken a marathon “Praja Sankalpa
Yatra” covering the entire length of the State of Andhra Pradesh for highlighting the mis-
governance by the party in power and its failure to secure promised benefits for the State
the mis-governance of the ruling party, the ruling party, its members and its leader had
initiated this brutal attempt to kill includes various mis-information measures stating that
the Central Government had planned an alleged ‘Operation Garuda’ for the purpose of
that a Telugu film personality by name Sivaji, a noted TDP sympathiser, came up with the
above theory called ‘Operation Garuda’, sometime in March when the Padayathra was
predicted that a life threatening non-fatal attack would be made on Sri Y.S.Jagan leading
to the destabilization of the TDP Government by the BJP Government in the Centre. The
whole story was hatched with a conspiracy in mind to eliminate the leader of Opposition
and any failure in doing so could be blamed as “ Operation Garuda” fore told.
Visakhapatnam, I had entered the portals of the Visakhapatnam Airport and after passing
through two security thresholds (one at the outer entry point and the second at the
passengers entry point) I was escorted into the lounge area by the accompanying police
escort.
8. While I was waiting at the said lounge, a person working as a waiter in the
serving certain refreshments. The said personunder the pretext of seeking selfie with
mesuddenly sought to slash my throat with a sharp knife. Instinctively and reflectively, I
moved my neck and shoulder to fend off the attack and the arc of the attempted assault
resulted in causing a gash and injury on the top part of my left shoulder an inch or two
9. The assailant was immediately taken under control by the remaining present
persons which included the Police present there and was later handed over to the
committing murder was averted due to the reflexive action on the spur of the moment.
10. After completion of First Aid, I changed my blood soaked shirt and also treated
that I am safe so as to avoid any public outrage, I boarded the scheduled flight as it was to
first I was examined at the Airport in the VIP Lounge there and then, I was directly taken
from the Airport to City Neuro hospital for proper medical care. At the Hospital after a
thorough check-up by the expert Doctors, the necessary medical care was administered,
including suturing done with nine (9) stitches, four inside and 5 outside. Samples were
also collected for the purpose of testing the presence of any arsenic/poisonous substances.
I was advised to stay under careful medical watch until duly discharged by the Doctors.
11. After recovering from the suddenness of the incident and after the immediate
medical attention provided, I was shocked to learn of various things that transpired in the
intervening period from the attack conducted on me in the afternoon on and my boarding
the flight till the time medical attention was administered to me in the late hours of the
same day.
12. The following series of steps that were conducted in the intervening time give rise
senior quarters and levels for the purpose of causing the attack and trying to eliminate me
(i) Within an hour of the attack occurring, the Respondent No.2 addressed a
press conference indicating and stating that the assailant was a fan of YSR
Congress Party and the attack was apparently done for the purpose of
indicate that the attack was not a serious one in nature.) This statement is
press conference on the same day stating that the attack was orchestrated
the Respondent No.5 as the Chief Minister. The Respondent No. 5 also
made various other false and frivolous accusations to indicate that the
Hyderabad Airport, I had gone home and that upon advise given by
another political party leaders and phone calls from BJP leaders from
Delhi, I proceeded to a hospital from my home and got admitted only for
requisite police escort and security by the State apparatus which drove me
directly from the Airport to the hospital. The said record can be clearly
are - importantly also talk of an alleged conspiracy behind the attack and
such allegations come from no a less person than the person officiating as
only 0.5 cm in depth, however, the doctors who had actually treated
confirmed that the cut was indeed 3.5 cm in depth, necessitating 9 stiches,
with four stiches for the torn muscle and the others for the skin. It is
This was what was primarily intended by the perpetrators and was
actions. The attempt was to murder is also supported by the remand report.
(iv) I came to learn that in the press conference of Respondent No.2, it was
pocket which the various press reports have shown to be containing more
than one andhaving2 to 3 different handwritings. The said letter has also
been reported to talk about steps being taken after I become Chief Minister
but ironically the attack was done to eliminate me to prevent me from
within an hour from the attack, the 2 nd Respondent and the TDP party
leaders could come up with flexis that relate to period nearly 11 months
ago, 1st January to Pongal greetings, as pert the dates on the flexi. ]
(vi) Also several versions of the flexi images were released to the Media, with
some containing a picture of the rose and some without. However, all the
13. All of the above done in a quick succession very soon after the incident seemed to
indicate a clear effort to dilute the investigation and divert it in a wrong direction. That
the statements made by Respondent No. 2 and 5 are now proved to be incorrect even in
the lopsided investigation undertaken thereafter in the remand report that was filed by
Respondent No. 4stating that the attempt made on me was a clear attempt to murder.
14. From these, it is obvious that this attack on me, was a part of the criminal
conspiracy to eliminate me, the leader of opposition party and failing which, to use the
been hatched by BJP Government, and as such the premises selected was the Airport.
15. That apart from it being a serious attempt of murder sought to be conducted on
me, the following further facts clearly bear out that this was not an isolated incident
undertaken by one person and that this effort was the handiwork of a larger and more
serious conspiracy conducted at very senior level. These are evidenced inter alia by the
security barriers in the Airport, including the metal detectors which would
Protocol.
(c) The assailant was engaged in a restaurant/cafeteria that is licenced and run by
one Harshavardhan Choudhary who is a Telugu Desham party worker and was
Desham party of his village unit. He was also sanctioned two houses on the
because this person was working in the restaurant that belonged to a TDP
sympathiser.
(f) Most curiously in a press clipping aired on 29.10.2018, when the assailant,
who is in police custody, was being taken to the hospital shouted thathe is
having a life threat. This creates an apprehension that the conspirators might
16. All of the above instances point out to a high level conspiracy where a designed
plan was hatched to eliminate me in a manner where the ruling party and the State
government and the Respondent No. 5 cannot be blamed while all the events leading to
and subsequent to the attack unclinchingly point towards involvement of ruling party and
17. In view of my serious apprehension with regard to the manner in which things are
being unfolded, when a police team visited me in the hospital from Andhra Pradesh, I
unflinchingly expressed to make any statement to them stating that I have no confidence
in the investigation being conducted by the Government under the control of Respondent
No. 5 and stated that the investigation ought to be conducted by an independent and
impartial agency which is not under the state government. Having no faith in a botched
statement made even within one hour of the incident, I was compelled not to assist in
such unlawful endeavour being conducted presently under the aegis of Respondents No.
3 and 4.
18. In a continued concerted effort to give a quick closure and to cover up any
investigation into the larger conspiracy that is clearly behind the attack Respondent No. 3,
appointed as the head of the Special Investigation Team,is seeking to rush through the
investigation and close the investigation and has sent yet another notice under Section
160 of the Criminal Procedure Code, 1973 (Cr.P.C.)dated29.10.2018 which was served
unseemly rushshows the clear effort to put a quick closure to the issue. Moreso, the
remand report speaks of the murder attempt but removes the conspiracy angle,
19. It is respectfully submitted that each of the above aspects including the very false
accusation made by Respondent No. 5 about the attack being a conspiracy by the Central
Government (while evidently incorrect and clearly sought to divert attention from the
actual conspiracy) indicates that this whole attack is a product of complexity and
manner.
20. It is respectfully submitted that the necessity of conducting such impartial and
uninfluenced investigation is even more necessary as the primary state actor, being
Respondent No. 5 as the Chief Minister and Respondent No. 2 as the head of the police
force along with several ministers in the State of Andhra Pradesh, have addressed press
conferences diluting the gravity of the attack made on the Petitioner and contending that
the attack was an orchestrated one or done by others unconnected with them or to
trivialize it to state that the attack was a simple effort to gain publicity.
21. It would be impossible (and not merely improbable) that no fair investigation
deliberately misdirected by the highest officials of the State including Respondents No. 2
and 5.
22. It has been consistently held by the Courts that impartial criminal investigation is
a fundamental feature of rule of law which is a basic feature of the Constitution. Law
recognizes every crime to be a crime against the society and is sought to be therefore,
represented by the State presenting its prosecution. If the State itself is seeking to dilute
the investigation and misdirect such investigation, it would be impossible for any fair
investigation has also been held to be conducted in the interest of the victim of the crime
23. The Petitioner respectfully submits that the Petitioner has absolutely no faith in
addressing a press conference within one hour of the incident. It would therefore, be just
and appropriate that the said investigation be handed over to and conducted by any
agency entirely unconnected with the State Government. It is respectfully submitted that
unless such steps are taken not only are the Petitioner’s fundamental and constitutional
rights under Articles 14, 19 and 21 violated, the provisions of Cr.P.C. with regard to the
actual manner of conduct of investigation would be totally subverted rendering the entire
have any effective alternate remedy except to approach this Hon’ble Court under Article
25. The petitioner did not file any other writ or proceedings before any other Court or
Authority praying for the same relief sought for in this writ petition.
Hon’ble Court may be pleased to issue an appropriate writ, order or direction,one more
particularly one in the nature of writ of Mandamus directing that the investigation into the
any appropriate independent agency not functioning under the control of Respondents
No. 1 and 2 as deemed appropriate by this Hon’ble Court and pass such order or other
orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
In the interim, it is prayed that this Hon’ble Court may be pleased to direct the
Respondents 3 to forthwith had over the investigation into the attack done on the
agency not functioning under the control of Respondents No. 1 and 2 (State Government
of Andhra Pradesh) pending disposal of the writ petition and pass such order or other
orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.