Chandrababu Naidu's Petition To Quash FIR - Live Updates From Supreme Court

Justice Trivedi : 17A applies to offences under PC Act. What about IPC offences?

Salve : 17A says "any offence". It is wider.

Singhvi also emphasises "any offence".

Justice Bose : In this case (Yashwant Sinha case, which relates to Rafale deal), what is the date of the alleged commission of offence?

Sr Adv Siddharth Luthra (for Naidu) : 2015-16 are the alleged transaction (in Rafale case).

Luthra saying this to contend that SC has held that 17A is applicable with respect to offences committed prior to the amendment.

Justice Trivedi : How many senior advocates are arguing?

Salve(in lighter vein) : Four of us cannot match up to Mr.Rohatgi (Mukul Rohatgi appearing for AP).

Salve : There are judgments. This matter needs to be considered.

Senior Adv AM Singhvi (for Naidu) refers to judgment in Yashwant Sinha.

Salve : Could this inquiry be held without the Governor's approval as per Section 17A?

Justice Bose : According to you the date when the investigation starts is the relevant date.

Sale : Yes. This is done to prevent the abuse of process of law. I don't say so. The people who introduced the law says so.

Salve (appearing virtually) : Now see what are the allegations (refers to the remand report). Allegations are that APSDC was formed without cabinet sanction...then appointed so and so as ex-officio...then on Naidu's instructions some one did...everything is alleged to be based on his instructions or recommendations.

Salve : The date of offence does not matter. This(17A) is a protection given.

Salve : Learned HC judge says Sec 17A cannot be applied to offences committed before July 2018. That is simply not correct.

Salve : This is pure procedure. You have to obtain sanction. It has nothing to do with the date of the offence, it has to do with the date of the inquiry.

Justice Trivedi : But the offence relates to 2015-16, before the 2018 amendment which introduced 17A.

Salve : Yes, but the inquiry was after the amendment.