The Supreme Court has reserved the verdict on the plea by TDP leader and former Andhra Pradesh Chief Minister, Nara Chandrababu Naidu, to dismiss the FIR linked to the ₹371 crore AP State Skill Development Corporation (APSSDC) scam.The court did not grant interim bail to Naidu in the Fibrenet case but will address it on October 20.
Both Naidu and the Andhra Pradesh government have been asked to submit their written arguments by October 20.The bench, comprising Justice Aniruddha Bose and Justice Bela M Trivedi, will make a judgment after considering the arguments.
Senior advocate Harish Salve, representing Naidu, emphasized that Naidu should not have been pursued without prior sanction under Section 17A of the Prevention of Corruption (PC) Act.Sidharth Luthra, also representing Naidu, raised the plea for interim bail, stating that Naidu, at 73 years old, has been in jail for 40 days.
The final judgment is expected after October 30, as the bench has allowed time for written submissions and due to the upcoming week-long Dussehra vacation.
The Andhra Pradesh government asserts that the alleged offense occurred before the 2018 amendment to the PC Act, which introduced Section 17A.This section mandates prior authorization from the competent authority to investigate a public servant for offenses committed in the line of duty.
Mukul Rohatgi, senior advocate, argued that Section 17A does not apply in this case as it was not in place when the alleged offense took place in 2015-16.
He further stated that even if Section 17A were applicable, the inquiry had already commenced in June 2018.
Representing the Andhra Pradesh government, Rohatgi clarified that Section 17A only applies to decisions or recommendations made in the course of public office.
He argued that the actions in this case do not align with the notion of public duty.
Chandrababu Naidu was arrested on September 9 by the Andhra Pradesh Crime Investigation Department (CID) in connection with the APSSDC scam and is presently held in Rajamahendravaram Central Jail.
