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In a significant legal development, the Supreme Court delivered a split verdict on Tuesday regarding the plea filed by former Andhra Pradesh Chief Minister N Chandrababu Naidu. The plea challenged the high court’s decision to reject his request to quash the FIR in the Skill Development Corporation scam case.
A bench comprising Justices Aniruddha Bose and Bela M Trivedi had differing opinions on the interpretation and applicability of section 17A of the Prevention of Corruption (PC) Act. This section, introduced through an amendment in July 2018, mandates prior approval from the competent authority for any inquiry or investigation into offenses allegedly committed by a public servant under the PC Act.
Justice Bose asserted that prior approval was necessary for conducting a probe into the alleged offenses against Mr. Naidu under the PC Act. The absence of such approval rendered the actions initiated under the PC Act illegal, according to his interpretation.
On the other hand, Justice Trivedi contended that section 17A could not be applied retrospectively. She emphasized that the amendment, introduced in July 2018, was intended to be prospective, not retrospective. Justice Trivedi highlighted the legislative intent to shield honest public servants from undue harassment.
N Chandrababu Naidu was arrested on September 9, 2023, on allegations of misappropriating funds from the Skill Development Corporation during his tenure as chief minister in 2015, causing an alleged loss of ₹371 crore to the state exchequer. The Andhra Pradesh High Court had granted him regular bail on November 20, 2023.
Given the differing opinions on section 17A, the bench decided to refer the matter to the Chief Justice of India for further directions. This legal impasse adds complexity to Mr. Naidu’s legal battle, challenging the FIR’s validity in connection with the Skill Development Corporation scam.
However, the Supreme Court refrained from interfering with the trial court’s remand order issued on September 10, 2023.
