The Andhra Pradesh government told the Supreme Court on Tuesday that Telugu Desam Party (TDP) chief N. Chandrababu Naidu's claim of protection under the provision making prior approval mandatory before investigating corruption cases is unacceptable because it is not an 'umbrella' under which corrupt people can hide. Its purpose is to protect honest officials. Section 17A of the Prevention of Corruption Act was added by an amendment on July 26, 2018.

Under this provision, it is mandatory for any police officer to obtain prior sanction from the competent authority for investigating an alleged offense committed by a public servant under the Prevention of Corruption Act.

A bench of Justice Aniruddha Bose and Justice Bela M. Trivedi was directed by the Andhra Pradesh government Senior advocate Mukul Rohatgi, appearing for TDP, said that the decisions and actions of TDP leader N. Chandrababu Naidu, arrested in the Skill Development Corporation scam case, led to huge corruption and loss to the exchequer.

Rohatgi said that the purpose of Section 17A of the Prevention of Corruption Act is to protect honest officials who are afraid of taking decisions in the discharge of their official duty. He said the action was not taken out of any political vendetta, as alleged by Naidu.

During the hearing that lasted for over two hours, Justice Bose asked Rohatgi whether the protective umbrella of Section 17A could be applied retrospectively. Rohatgi denied and said that it was brought in 2018, then how could it be implemented in 2015? This can be done only if Parliament specifically says so. The apex court was hearing Naidu's plea challenging the High Court's order refusing to quash the FIR in the Skill Development Corporation scam case.

The hearing remained inconclusive and will continue on October 13. At the outset, senior advocate Harish Salve, appearing for Naidu, said the police should have taken the Governor's consent before starting the investigation into the role of the public servant. It is noteworthy that in 2015, when he was the Chief Minister, the money of Skill Development Corporation was allegedly diverted.