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

LIVELAW NEWS NETWORK

10 Oct 2023 10:01 AM IST

  • Chandrababu Naidus Case Hearing : Live Updates From Supreme Court [Day 3]

    The Supreme Court will continue hearing today former Andhra Pradesh CM Chandrababu Naidu's petition to quash FIR in relation to skill development scam case.This is the third day of hearing before a bench of Justices Aniruddha Bose & Bela Trivedi. Report of yesterday's hearing can be read here. The first day's hearing report can be read here.The prime point raised by Naiud's lawyers...

    The Supreme Court will continue hearing today former Andhra Pradesh CM Chandrababu Naidu's petition to quash FIR in relation to skill development scam case.

    This is the third day of hearing before a bench of Justices Aniruddha Bose & Bela Trivedi. Report of yesterday's hearing can be read here.  The first day's hearing report can be read here.

    The prime point raised by Naiud's lawyers is regarding the applicability of Section 17A of the Prevention of Corruption Act, which was inserted after the 2018 amendment. As per this section, no investigation under the PC Act can be launched against a public servant without obtaining prior sanction from the competent authority. Naidu's lawyers argue that the FIR against him and his arrest are illegal since the Governor's sanction was not obtained by the AP CID before adding the former Chief Minister as an accused.

    The Andhra Pradesh High Court rejected the contention by holding that Section 17A was not applicable to the case before the alleged offences were committed before the 2018 amendment. Naidu challenges this reasoning of the High Court by arguing that it is the date of the registration of the FIR which matters for the applicability of Section 17A. The FIR in this case was registered in December 2021. In response, the State has taken a plea that the inquiry in relation to the offence started prior to the 2018 amendment. Naidu's lawyers dispute this factual claim.

    During the hearing yesterday, the bench asked whether it can adopt an interpretation of Section 17A which will defeat the purpose of the Prevention of Corruption Act. In response, Senior Advocate Harish Salve, for Naidu, stated that Section 17A was intended as a protection to a public servant from harassment by the police after a change in the government.

    Live-updates from today's hearing can be followed in this page.

    Live Updates

    • 10 Oct 2023 12:48 PM IST

      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."

    • 10 Oct 2023 12:44 PM IST

      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.

    • 10 Oct 2023 12:34 PM IST

      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.

    • 10 Oct 2023 12:33 PM IST

      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.

    • 10 Oct 2023 12:30 PM IST

      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. 

    • 10 Oct 2023 12:29 PM IST

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

      Trivedi J: Which have been omitted.

      Rohatgi: That's right.

    • 10 Oct 2023 12:28 PM IST

      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.

    • 10 Oct 2023 12:26 PM IST

      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.

    • 10 Oct 2023 12:24 PM IST

      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.

    • 10 Oct 2023 12:18 PM IST

      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.

    Next Story