Chandrababu Naidu's Petition To Quash FIR - Live Updates From Supreme Court
Luthra : They are roping him in FIR after FIR. This is a clear case of regime revenge.
Justice Bose : We are only on 17A.
Singhvi : Ultimately, this is a matter which requires consideration. This is not a frivolous argument. If a benefit is given to the accused by the law, then it must be interpreted in a way to ensure that it is given.
Singhvi : As per remand report, the transactions spread from 2015- 2019. So at least for one year, there is an overlap (with 2018, when 17A was introduced). This is as per their remand report. So it is not a clean cut.
Singhvi : This is nullifying the objective of the Parliament to give protection to policymakers.
Justice Bose : The FIR is for PC Act and IPC offences.
Singhvi : Did they approach this as an IPC case. They went to the Special Court under PC Act.
Singhvi : The objective of the amendment is to give a filter of protection. The judge notes this is a cabinet decision. So prima facie, it is in discharge of official duties.
Justice Trivedi : We are not on merits.
Justice Bose : We are not interested in this question of official discharge.
Rohatgi. : It is a question of fact after all.
Singhvi : Learned judge notes that this is a cabinet decision...
Justice Trivedi : We are not on merits.
Singhvi : I am saying this for the argument on discharge of official duties.
Justice Trivedi : In the Code of Criminal Procedure, there is nothing like this.
Singhvi : You have a PC Act offence. PC Act offence goes to Special Court.
Justice Trivedi : FIR is for both PC Act and IPC offences.
Rohatgi (for AP) : This question is settled by the Supreme Court.....
Judges are now discussing.
Justice Bose : At this stage, we are introspecting the pure position of law advanced by you.
Justice Trivedi : The question is whether it is applicable to offences under the Indian Penal Code or just the PC Act