Allu Arjun’s legal team argues no fault in Sandhya theatre stampede, wins interim bail in Telangana High Court
Telangana High Court had heard at length the arguments of Allu Arjun's legall team, which urged the court to treat the actor as a common man and that none of the criminal sections applied against the Pushpa - 2 actor held ground against him
By S. Goutham
Hyderabad: Allu Arjun was granted interim bail for a period of four weeks by the Telangana High Court in the case of Sandhaya theatre stampede case on Friday. Justice Juvvadi Sridevi of the Telangana High Court observed that the actor shall submit a personal bond to an amount of Rs. 50,000 to the Jail Superintendent before his release.
Justice Sridevi held prima facie no material on record to attract the offences under Sections 105 (culpable homicide not amounting to murder) and 118 (Voluntarily causing hurt or grievous hurt by dangerous weapons or means) of BNS (Bharatiya Nyaya Sanhita). The judge held with no stretch of imagination the offences can be attributed to the actor.
In a jampacked court, the heated arguments went on between the actor legal team lead by senior counsel S Niranjan Reddy and the State represented by the Public Prosecutor Palle Nageshwar Rao and his team. The hearing went on beyond usual court time (4:15 pm) till 5:30 pm.
The actor has approached court in a lunch motion moved unconventionally at around 1:30 pm and 2:15 pm. While the petitioner counsel argued that court has power to exercise such power, the public prosecutor vehemently opposed such special treatment to the actor and requested the court to reject lunch motion. He also pointed out, when all young advocates request for lunch motion was rejected earlier in the day at 10:30 am, the court should not entertain lunch motion of the actor on par with common citizens.
Treat Allu Arjun as common man
Justice Sridevi at the first instance refused to accept the urgent hearing of case, stating that it would send a wrong message to common people and she said “I would have considered if it was a common mans case”. However, she later conceded to accept the urgency in the case when Allu Arjuns counsel requested the court to treat him as a common man. It was also clarified by the judge that, she could take up the case as it was filed two days ago and the connected case filed by the Sandhya theatre management was under consideration before her today.
It was brought to the notice of the court that, they had every sympathy with the deceased family and the production unit of the ‘Pushpa 2, The Rule’ movie has extended financial aid for the treatment of the deceased baby. Niranjan Reddy told court, the government gave permission to run additional shows at the theatre, the police were informed about the event on December 4 and actor participation. Allu Arjun entered only at 9:40 pm even according to police investigation report, which the counsel said is to ensure the crowd would settle by the movie start time at 9:30 pm.
He further emphasised, the actor directly went to first floor balcony and the incident took place in the lower balcony which are not connected and argued that, the allegation of actors security pushing crowd leading to pressure on the lower balcony is unsustainable. Though no one can be blamed for such unfortunate incidents, in fact the police officials who had prior information and were present there are to be blamed for mis management of the event. May be the police were also watching the actor on first floor without taking care of the lower balcony the counsel added criticising police.
The judge also orally commented, the insufficient police personnel could be the reason for stampede. He said, even when political parties conduct rallies, the leaders have knowledge that people may die in accidents and such incidents regularly occur. He also referred to an incident in which 30 people died when they came to see the Chief Minister at a Pushkaram.
The government allowed increase of ticket price of which it gets 28 percent as tax, the government has allowed to run shows and when an incident occurred, instead of taking responsibility the government is blaming everybody else, Niranjan Reddy argued. Government was aware that the actor had nothing to do, “but this arrest is all about sensationalism”, he commented. Arguing that none of the ingredients of the offences levelled are attracted against the actor, the counsel requested the court to invoke its extraordinary jurisdiction to mould the relief in the quash petition and grant interim bail for the time being.
Palle Nageshwar Rao on the other hand argued, the actor was aware of the situation, despite knowing very well the situation was not under control, he arrived at the theatre becoming reason for the incident. Though he stated police have informed the theatre and actor not to be present at the event, he could not place any such communication made before the court. The Memo was issued by the government only to permit the shows, not to run the events with actors.
The theatre made a representation to provide extra bandobast but the same was not considered by the police, Nageshear Rao said and contended that actor and theatre were negligent as such were responsible for the incident. He said offences levelled were serious, one person has lost life and baby was still on ventilator getting treatment and pleaded the court not to grant any relief at this stage. He also told court that he was unable to get complete instructions due to shortage of time.
Justice Sridevi hearing both parties at length, held there was no prima facie case against the actor or the seven accused related the management of the Sandhya theatre. The judge following the Apex court judgment in the Arnab Goswami case granted interim bail to Allu Arjun and the accused 1 and 2 both named Agamati Ram Reddy. The judge further directed police not to take any coercive steps against the five other persons of the management. Petitioners may approach bail court in the four weeks time for regular bail. The judge has adjourned the quash petitions for the counter of the government.
