The legal saga surrounding former Andhra Pradesh chief minister and Telugu Desam Party (TDP) chief N Chandrababu Naidu is reaching a crucial juncture, as the Supreme Court is poised to deliver its verdict on January 16. The case revolves around Naidu's plea challenging the high court order that refused to quash the FIR against him in the Skill Development Corporation scam case.
Naidu was arrested on September 9 of the previous year on charges of allegedly misappropriating funds from the Skill Development Corporation during his tenure as the chief minister in 2015. The accusations suggest that these actions caused a substantial loss of Rs 371 crore to the state exchequer. Naidu vehemently denies all allegations.
The Andhra Pradesh High Court had, on November 20, granted Naidu regular bail in the case. However, the former chief minister sought further relief by challenging the high court's decision in the Supreme Court.
A bench comprising Justices Aniruddha Bose and Bela M Trivedi reserved its verdict on October 17, 2023, regarding Naidu's plea to quash the FIR against him.
During the hearings in the Supreme Court, the state's counsel argued against quashing the FIR, asserting that the question of the applicability of section 17A of the Prevention of Corruption Act did not arise. According to the state, this section was introduced by an amendment in July 2018, while the Central Bureau of Investigation (CBI) began probing the case in 2017. Section 17A mandates prior approval from the competent authority for any investigation into offenses by a public servant under the Prevention of Corruption Act.
On the other hand, Naidu's legal team argued that all the allegations in the FIR relate to decisions made during Naidu's tenure as chief minister, and section 17A is applicable since the inquiry began in December 2021. Naidu contends that the FIR against him was registered without obtaining the necessary prior approval from the competent authority, rendering his arrest illegal.
The Andhra Pradesh High Court, in its dismissal of Naidu's petition for quashing the FIR, emphasized that criminal proceedings should not be scuttled at the initial stage. The court stated that quashing an FIR should be an exception rather than the rule.
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