The Supreme Court is set to adjudicate on a plea filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, seeking to quash the FIR linked to the skill development scam. The apex court has scheduled the matter for October 9, directing the State to produce the entire compilation of documents presented before the High Court.
During the hearing, which spanned around 50 minutes, the bench, comprising Justices Aniruddha Bose and Bela M Trivedi, delved into the applicability of Section 17A of the Prevention of Corruption Act, 1988. The court questioned the relevance of Section 17A PC Act, especially when the alleged offense took place before the 2018 amendment introducing Section 17A. The bench also probed if Section 17A applies when the FIR cites not only the offenses under the Prevention of Corruption Act but also those under the Indian Penal Code.
Senior Advocate Harish Salve, representing Naidu, contended that the High Court misinterpreted Section 17A of the PC Act. He emphasized,
“Learned HC judge says Sec 17A cannot be applied to offences committed before July 2018. That is simply not correct.”
Salve further argued,
“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. This is the protection we have brought in and the protection must kick in.”
Senior Advocate Dr. Abhishek Manu Singhvi, also advocating for Naidu, referenced Justice KM Joseph’s judgment in the Yashwant Sinha & Ors. V. Central Bureau Of Investigation case, which determined that Section 17A of the PC Act necessitates prior approval for investigation. Singhvi highlighted,
“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.”
Senior Advocate Mukul Rohatgi, representing the State of Andhra Pradesh, countered by asserting that Section 17A of the PC Act is not relevant in this case. He stated,
“17A came in July 2018. Though the FIR is of 2021, the inquiry arose prior to the insertion of 17A.”
Naidu, the Telugu Desam Party president and former Andhra Pradesh chief minister, was arrested in connection with an alleged skill development scam. The state crime investigation department claims to have found evidence of Naidu’s involvement in the purported misappropriation of approximately Rs 371 crore from the Andhra Pradesh Skill Development Corporation through fictitious companies during the TDP’s governance from 2014 to 2019.
After the Andhra Pradesh High Court dismissed Naidu’s plea to quash the FIR, he approached the Supreme Court in a special leave petition.
