New Delhi: Former Andhra Pradesh Chief Minister N Chandrababu Naidu on Tuesday did not get any relief from the Supreme Court. The apex court asked the Andhra Pradesh government to bring on record the entire documents of the case. Naidu was arrested in a case related to an alleged scam in setting up Skill Development Centres.
A battery of senior advocates Harish Salve, AM Singhvi and Sidharth Luthra, represented TDP leader Naidu before a bench of justices Aniruddha Bose and Bela M Trivedi. Naidu’s counsel primarily raised the issue of absence of a sanction, contending that the date of inquiry or investigation was relevant and not the date of offence.
During the hearing, the bench raised questions about the applicability of Section 17A of the Prevention of Corruption Act (PCA) when the offence was committed prior to the 2018 amendment, which inserted 17A, and also queried, whether 17A was applicable when FIR mentions offences both under PCA and Indian Penal Code (IPC).
Senior advocate Mukul Rohatgi, representing the Andhra Pradesh government, submitted that the investigation in the matter began before July 2018 when Section 17 A became applicable, so no sanction was required. The bench said it would confine itself about applicability of Section 17A, which mandated taking prior sanction from the competent authority before the inquiry or investigation of a public servant. Naidu’s counsel stressed that he was in jail. The State government counsel contended that he was seeking quashing of the matter and did not apply for bail.
Also read: Former AP CM Chandrababu Naidu moves SC challenging refusal to quash FIR
Naidu’s counsel contended that the matter related to the Cabinet decision and the discharge of his official duties, and the amendment in the law in the form of Section 17 A was to grant protection to the public servants. The bench asked if 17A would also be applicable to the offences under the IPC. Naidu’s counsel submitted that the FIR was filed on December 9, 2021, based on a letter sent to the police authorities in September 2021, and the shield was available for any offence.
After hearing detailed submissions, the apex court put the matter for consideration on October 9 and asked the State government to bring on record the entire compilation of records furnished before the Andhra Pradesh High Court. The FIR claims that Naidu committed the offence, by abusing his official position. Naidu was arrested on September 8, in a 2021 FIR related to alleged Rs 371 crore scam in setting up Skill Development Centres. He moved the apex court challenging the High Court’s September 22 order refusing to quash the FIR and order of his judicial remand.
Naidu’s plea said he was suddenly named in the FIR registered over 21 months ago, arrested illegally and deprived of his liberty motivated only by political reasons. Naidu said it is "an orchestrated campaign of regime revenge and to derail the largest opposition, the Telugu Desam Party". The plea contended that the petitioner, presently the Leader of the Opposition, National President of the Telugu Desam Party (TDP) and former Chief Minister of Andhra Pradesh having served for more than 14 years has been illegally put in custody, in an FIR and investigation, barred by law”.
The plea contended that the apex court, as well as various High Courts, have held that no police officer can conduct any inquiry into an offence done by a public servant where the offence is relatable to any recommendation made or decision taken by such public servant in discharge of his public functions without the prior approval of the competent authority.
“Without such approval, any inquiry/investigation undertaken would be void initio...the present scenario of regime revenge and political vendetta is exactly what Section 17-A seeks to restrict by protecting innocent persons. The initiation of investigation without such approval vitiates the entire proceedings since inception and the same is a jurisdictional error”, said the plea.
