New Delhi: The Supreme Court on Wednesday refused to consider a plea by former Andhra Pradesh Chief Minister N Chandrababu Naidu against police custody remand in a case related to alleged Rs 371 crore scam in skill development centres.
A bench led by Chief Justice of India D Y Chandrachud said the apex court will not restrain the trial judge from dealing with the application seeking police custody of Naidu. The apex court agreed to consider his plea for quashing of the FIR on October 3. The development came after Justice S V N Bhatti sitting in a separate bench led by Justice Sanjiv Khanna recused himself from hearing Naidu’s plea against his arrest on September 8 in the 2021 FIR in the alleged scam.
Naidu’s plea was listed today before a bench comprising justices Sanjiv Khanna and S V N Bhatti. At the beginning of the hearing, Justice Khanna said, “My brother (Justice Bhatti) has some reservations in hearing the matter…”
Senior advocate Harish Salve, representing Naidu, said he could not say anything about it and urged the court to list the matter before another bench at the earliest. Justice Khanna said the matter can be listed for hearing next week. Senior advocate Sidharth Luthra, also appearing for Naidu before the apex court, requested the bench to allow him to mention it before the Chief Justice of India.
Justice Khanna said, “You can do that if you can do it. Should we pass it over?” Salve said passing over may not help if the bench is not inclined to hear it. Justice Khanna said Luthra has made this request. Naidu’s lawyers are trying to get a hearing today itself before another bench.
Luthra mentioned Naidu's plea before a bench headed by Chief Justice of India D Y Chandrachud after Justice Bhatti recused himself from hearing the matter. He submitted before the bench that the question is from 8th September Naidu "has been picked up illegally and detained". Luthra said police custody was granted for two days and now the state wants police custody for 15 days. "They are roping him in FIR after FIR. It is happening only because the election is coming up," Luthra said.
The Chief Justice asked Luthra, “What do you want today?” Luthra said his client "cannot be kept in custody" and urged the court to see 17A of the Prevention of Corruption Act. He said that no police station can take any action against a public servant acting in the discharge of his duties without permission from the competent authority.
Luthra asked the apex court to direct the state government not to press for police custody. Responding to it, Senior advocate Ranjit Kumar, representing the Andhra Pradesh government, said the special judge who is a district judge should decide it. The Chief Justice said the court will not restrain the trial judge from dealing with the application seeking police custody of Chandrababu Naidu. After hearing submissions, the Chief Justice said the matter will come up for hearing on October 3.
Naidu’s plea said he was suddenly named in the FIR registered over 21 months ago, arrested in an "illegal" manner and deprived of his liberty motivated only by political reasons. Naidu said it was "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 Opposition, “the 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 to custody in a 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 or investigation 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.
The plea submitted that the extent of the political vendetta is further demonstrated by the belated application for grant of police custody on September 11, 2023, which names the political opponent i.e. the TDP and also the petitioner's family, which is being targeted to crush all opposition to the party in power in the state with elections coming near in 2024.
Also read: SC turns down ex AP CM plea for urgent hearing for quashing FIR, asks him to come tomorrow
