New Delhi: The Supreme Court Monday refused to consider an out-of-turn plea by former Andhra Pradesh chief minister N Chandrababu Naidu against his arrest on September 8 in 2021 FIR in the alleged Rs 371 crore development scam.
A bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra asked senior advocate Sidharth Luthra, representing Naidu, to approach the court on Tuesday with his plea. The counsel submitted that this is a case related to the state of Andhra Pradesh where the opposition is being curbed and emphasized that the former chief minister was arrested on September 8.
The bench asked the counsel to put the matter on the mentioned list tomorrow. "Come tomorrow in the mentioning list," said the bench. Naidu's petition has not been put on the mentioned list to give an urgent date for hearing the matter.
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 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 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 enquiry or 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.
