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

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3 Oct 2023 10:50 AM IST

  • Chandrababu Naidus Petition To Quash FIR - Live Updates From Supreme Court

    The Supreme Court will hear today the petition filed by former Andhra Pradesh Chief Minister and Telugu Desom Party leader N Chandrababu Naidu seeking to quash the FIR in relation to the alleged skill development scam.A bench comprising Justices Aniruddha Bose and Bela M Trivedi will hear the matter. Last week, his petition got adjourned as Justice SVN Bhatti (who hails from Andhra...

    The Supreme Court will hear today the petition filed by former Andhra Pradesh Chief Minister and Telugu Desom Party leader N Chandrababu Naidu seeking to quash the FIR in relation to the alleged skill development scam.

    A bench comprising Justices Aniruddha Bose and Bela M Trivedi will hear the matter. Last week, his petition got adjourned as Justice SVN Bhatti (who hails from Andhra Pradesh) recused from hearing it.

    Naidu has approached the Supreme Court challenging the judgment dated 22.09.2023 of the Andhra Pradesh High Court which dismissed his petition to quash the FIR. Naidu was arrested on September 9 and has been under custody since then.

    At the High Court, a bench of Justice K Sreenivas Reddy dismissed Naidu's petition by noting that the investigation in the FIR, which was registered in 2021, is almost in its final stages, with about 140 witnesses examined and 4000 documents collected. The bench therefore observed that it will be improper to interfere with the investigation at such an advanced stage. The High Court also rejected the legal argument raised by Naidu that the FIR is unsustainable for lack of sanction under Section 17A of the Prevention of Corruption Act. The bench observed that allegations relating to fabrication of documents and misappropriation of funds cannot be regarded as part of official functions and hence the protection under Section 17A was not applicable.

    Follow this page for live updates :

    Live Updates

    • 3 Oct 2023 1:13 PM IST

      Luthra : They are roping him in FIR after FIR. This is a clear case of regime revenge.

      Justice Bose : We are only on 17A.

    • 3 Oct 2023 1:12 PM IST

      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.

    • 3 Oct 2023 1:09 PM IST

      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.

    • 3 Oct 2023 1:08 PM IST

      Singhvi : This is nullifying the objective of the Parliament to give protection to policymakers.

    • 3 Oct 2023 1:07 PM IST

      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.

    • 3 Oct 2023 1:06 PM IST

      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.

    • 3 Oct 2023 1:05 PM IST

      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.

    • 3 Oct 2023 1:04 PM IST

      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.

    • 3 Oct 2023 1:03 PM IST

      Rohatgi (for AP) : This question is settled by the Supreme Court.....

      Judges are now discussing.

    • 3 Oct 2023 1:02 PM IST

      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

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