Chandrababu Naidu's Plea Against FIR & Remand : Andhra Pradesh High Court Reserves Verdict [Live Updates]

Salve quotes from Arnab Goswami case:

"High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power."

Salve: In the counter they have just regurgitated the allegations. We have a case on merits...

Salve refers to Arnab Goswami case

Salve: In this case SC evaluated the FIR and came to the conclusion that no offence is made out in the complaint...

Salve continues: The word "any other person" [in sub-section (c)] will have to take colour from the same, and it should apply to both past and present [functionaries]

Salve: The reason why this provision was inserted is precisely to combat the "Regime Revenge Litigation".

Salve: The State has given us the counter this morning. Half an hour ago!

Salve: And this happens all the time. The law as on the date on which the action is taken is to be considered. We submit, as far as CM is concerned, Governor needs to give permission.

Salve: There is no ambiguity in the language of the provision. And secondly, Lordship may also see, you (Naidu) don't have to currently be a public servant

Salve: If you go back to Section 17A and see..."in the case of a person who IS or WAS employed"...

Salve: Our contention is that this FIR is completely illegal. The judgements relied on by the Advocate General is wrongly interpreted...

Salve: They have filed the complaint fully knowing about the provisions of Section 17A (Prevention of Corruption Act). They haven't taken the first step necessary to file the FIR...

Salve: Here, it is not the date of offence. [Case was registered in 2021] Any investigation which is conducted must follow the law as in place. It cannot be contrary to the law in place at the time of the investigation...

#ChandrababuNaidu has moved petitions for quashing as well as cancellation of his judicial remand.

Senior counsel Harish Salve appearing for #ChandrababuNaidu virtually

Salve: This is to challenge the FIR. This FIR was investigated and only in 2023, memo was filed. It is now common ground, that no permission under Section 17A (sanction) was granted