The SupremeCourt will hear today former Andhra Pradesh Chief Minister Chandrababu Naidu's petition to quash the FIR in relation to skill development scam case.A bench of Justices Aniruddha Bose and Bela Trivedi will hear the matter. On the previous hearing date, the bench had asked the State to produce the compilation of all documents which were submitted before the Andhra Pradesh High Court....
The SupremeCourt will hear today former Andhra Pradesh Chief Minister Chandrababu Naidu's petition to quash the FIR in relation to skill development scam case.
A bench of Justices Aniruddha Bose and Bela Trivedi will hear the matter. On the previous hearing date, the bench had asked the State to produce the compilation of all documents which were submitted before the Andhra Pradesh High Court. The bench had also raised questions about the applicability of Section 17A of the Prevention of Corruption Act in the case.
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Salve : Parliament did not say that 17A is applicable only to offences committed hereafter. That gives a clear indication of the intention.
Salve : The second important feature of 17A is it extends beyond the current employees.
Justice Trivedi : The allegation was that 10% was advanced.....
Salve : I have a limitation getting into facts...for others, HC has granted bail...anyway that is on facts..
Salve : In 17A, if I am right, whole thing goes, because the arrest becomes ilelga.
Salve : If a public servant runs away with the bicycle, PC Act won't apply. There has to be a link with official duties.
Justice Bose : In your case, the peripheral facts to apply Section 17A are there.
Salve : Yes, it is all linked to official decisions.
Justice Bose : Jurisdictional facts are there.
Justice Trivedi refers to the recent Constitution Bench judgment regarding the retrospective application of the striking down of Section 6A DSPE Act (similar to 17A PC Act).
Salve : In fact, 17A strengthens the Act itself. On the one hand, It allows the public servant to act freely. And you have a person seeing if the investigation is done fairly. This Act has to be enforced vigorously. But with a check that the police officer must report to a higher official that I am prosecuting so and so.
Salve : Here, there is no 17A at all.
Justice Trivedi : While interpreting 17A, we also should see that the main objective of the Act is the prevention of corruption. So we can't adopt an interpretation which will frustrate the objective of the Act.
Salve : When you reach the public servant, qua the public servant, you need 17A.
Justice Bose : So in your line of argument, an offence is investigation and a public servant is found to be involved and at that stage you need 17A.
Salve : Yes.
Justice Trivedi : And if not taken, the entire investigation goes?
Salve : Yes.
Salve : Now to the second question- Is 17A addressed to the offence or 17A addressed to the person? It has to be to the person. 17A is a check not on offences but on conduct of investigation. It is a procedural check that a person is not harassed in the name of investigation because he has taken a position against the government.
Salve : 17A was intended to apply the moment it was enforced, whether it is inquiry, enquiry or investigation. You can't proceed without crossing 17A. Even if you had 17A approval at inquiry stage, you need again approval for investigation.