'Chandrababu Naidu's arrest is illegal': Former CBI Director Nageswara Rao

Former CBI Director in a post on X said that Chandrababu Naidu's arrest is illegal. He explained the sections on which Chandrababu was arrested and explained in detail how they are illegal.

New Delhi/Vijayawada: Former Central Bureau of Investigation (CBI) Director Nageswara Rao on Saturday dubbed the arrest of former Andhra Pradesh Chief Minister and TDP chief N Chandrababu Naidu as "illegal".

"I cannot comment on the facts of the case as I do not have them. Therefore, I will confine myself to the legality and propriety of the case and the arrest of Chandrababu Naidu in the wee hours of today", Nageswara Rao said in a post on X, formerly known as Twitter.

He further explained the legalities. "The Prevention of Corruption Act- 1988 has been comprehensively amended by the Parliament through the Prevention of Corruption (Amendment) Act, 2018 and brought major changes in it. A new section 17A has been added to it. There are certain provisions for inquiry or inquiry or investigation of offences relating to recommendations or decisions made by a Government servant in the performance of official duties or functions. No police officer shall conduct any inquiry or inquiry or investigation into an offence committed by a Government servant under this Act. In particular in the following matters", the former IPS officer added.

"In a case registered less than two years ago.. it is a legal point that there is a need to arrest a person of the level of a former Chief Minister without giving any notice", said Nageswara Rao. He said that the police have the power to make an arrest, but they have to check whether it is illegal or not.

"I am aware that the Police do have the power to arrest an accused public servant as per law without a warrant from the court. But what is very important is that it is one thing to have the power and it is an entirely different thing to exercise it properly. And when the legal power is not exercised bonafidely, then it becomes an abuse of law," the former CBI director contended.

Earlier on Saturday, Chandrababu Naidu was arrested from Nandyala in Andhra Pradesh in the skill development case under various sections of the Indian Penal Code (IPC) including 120(B) (party to criminal conspiracy) and 420 (cheating) and also under some sections of the CID Act. He is likely to be produced in the court tonight.