New Delhi: The Supreme Court on Tuesday issued a notice to former Andhra Pradesh Chief Minister N Chandrababu Naidu in a plea filed by the Andhra Pradesh government challenging the regular bail granted to former Andhra Pradesh Chief Minister and Telugu Desam Party (TDP) supremo N Chandrababu Naidu in the skill development scam case. The apex court declined to impose the other bail condition prohibiting Naidu from organising or participating in political rallies or meetings.
A bench comprising justices Bela M Trivedi and Satish Chandra Sharma said, "Issue notice. Returnable on December 8. All the conditions imposed by the November 3 order by the High Court shall continue except the condition of organising or participating in public rallies or meetings”. The apex court has scheduled the matter for further hearing on December 11.
Senior advocate Ranjit Kumar, representing the Andhra Pradesh government, said no statement should be made in the public domain about this case. Naidu's counsel, however, alleged that officers of the department are still making public statements with reference to issues, which are pending before the apex court and stressed that "if there has to be a restraint, it ought to apply to both sides”.
The Andhra Pradesh government counsel vehemently objected, saying that restraint applies to an accused, it can't apply to the government. Senior advocate Mukul Rohatgi, also representing the state government, urged the court to issue notice in the matter. The apex court issued the notice on the plea filed by the Andhra Pradesh government, but it also directed the continuation of a bail condition ordering Naidu to refrain from speaking about sub judice matters arising out of this case in the public domain.
However, the apex court declined to impose the other bail condition prohibiting him from organising or participating in political rallies or meetings. The apex court on Tuesday adjourned the proceedings until after the delivery of the judgment on Naidu's plea seeking the quashing of the FIR in this case. The Andhra Pradesh High Court had converted Naidu’s four-week interim medical bail in the case into absolute bail and ordered the former Chief Minister’s release on regular bail, considering his age, old age-related ailments, non-flight risk and other reasons.
The High Court had said the interim bail conditions such as refraining from making any public comments related to the scam case or organising or participating in public rallies and meetings will continue to be in force till November 28 and will be relaxed from November 29. The Andhra Pradesh government moved the Supreme Court challenging the Andhra Pradesh High Court order granting bail to former Chief Minister N Chandrababu Naidu in the skill development scam case. The High Court granted bail to Naidu on November 20, 2023.
The state government contended that the High Court, granting bail to Naidu, has delved deep into the facts of the case and has rendered findings that are not only factually incorrect, but are also likely to prejudice the court below during the trial. Citing various apex court judgments, the state government said that the practice of detailed elaboration of evidence in bail orders has been repeatedly deprecated. On the findings of the High Court in the matter, the State government’s plea said, “The High Court has exceeded its jurisdiction by conducting a mini-trial and rendering findings on merits. This, it is most respectfully submitted, ought not to be allowed”.
The state government said the accused is an influential person and has ensured that two of his key associates (including a government servant) have already fled the country and, he is therefore clearly obstructing the conduct of investigation and, therefore, ought not to be granted bail. “The High Court’s perverse approach and findings in regard to the subject matter vitiates the order under appeal, on the touchstone of foundational parameters of adjudication of bail adjudication”, said the state’s plea.
