Chandrababu Naidu's Case Hearing : Live Updates From Supreme Court [Day 3]

Rohatgi argues that issues arising in Naidu's petition cannot be decided in a quash petition -

"What is official duty? What is a recommendation? What is a decision? These will have to be decided based on evidence. Can't be argued orally."

Rohatgi: Section 17A is not meant to be an umbrella for those who are corrupt, but to support those who are honest...

Bose J asks about whether protective mechanism envisioned u/S17A would apply retrospectively -

Rohatgi: You can't parachute S 17A back into time. That's what they want to do.

Rohatgi: Is S17A a provision that seeks to provide a roadblock or umbrella so that people can hide? It is for an honest officer who is scared to [investigate]. It's part of Parliament's effort to rule out corruption.

Rohatgi (with reference to S 17A PC Act): Case of such large-scale corruption and misappropriation ex facie - not prima facie - can never be a part of a recommendation or decision in discharge of official function.

Rohatgi: These questions cannot be decided in S 482. His decisions or actions have resulted in immense corruption and loss to the State.

Trivedi J: At what stage can they be decided?

Rohatgi: At the trial. 

Rohatgi illustrates: [Naidu] is charged under S 13(1) clauses (c) and (d).

Trivedi J: Which have been omitted.

Rohatgi: That's right.

Rohatgi: Some sections were omitted in 2018. But they will still apply if offences date back to a time before these amendments were introduced. This is one facet that S 17A will not apply to an offence predating the 2018 amendment.

Rohatgi: In facts of this case, one, offences relate to period before 2018 and will as such be governed by old package; if I hit someone today, I will be charged u/s 323. If this section is later removed...I will still be charged under the old section, regardless of how beneficial the amendment is or not.

Rohatgi: I'm not saying that Parliament does not have power to make a provision apply retrospectively. It does. But in this case, the Parliament has not.

Rohatgi: This act was amended wholesale in 2018. S 17A is part of new package. Old package and offences relating to it will be governed by the old law that existed prior to 2018. Offences occurring after this will be governed by amended sections.

Rohatgi: If there's an allegation of S 420...it can't go. Kindly appreciate, there will be chaos. My submission is that PC Act will not go. Even if it does...That's the extreme I'm going to.

Trivedi J: We are only stretching this.