India Supreme Court refers plea for quashing scam case against former state chief minister to larger bench News
© JURIST (Neelabh Bist)
India Supreme Court refers plea for quashing scam case against former state chief minister to larger bench

The India Supreme Court referred a petition Tuesday to a larger bench that was filed by former Andhra Pradesh state Chief Minister Chandrababu Naidu seeking to quash a criminal complaint related to the Skill Development scam case. Naidu was earlier apprehended and subsequently released on bail in this case.

The two-judge bench of the court, consisting of Justice Aniruddh Boase and Justice Bela Trivedi, delivered separate judgements in the case of Nara Chandrababu Naidu v. State of Andhra Pradesh.

In the judgement of Justice Aniruddha, Naidu’s appeal has been partially allowed. He directed that approval from the appropriate authority under Section 17A of the Prevention of Corruption Act, 1988, is necessary for any inquiry or investigation against a public servant related to official duties. Section 17A, introduced by a 2018 amendment to the act, is related to investigations into offences linked to recommendations or decisions made by a public servant in the discharge of official duties. As no prior approval was obtained, Naidu cannot be prosecuted under the 1988 Act. However, he held Naidu can still be proceeded against under the Indian Penal Code. Justice Trivedi, in her judgement, held that lack of approval under Section 17A does not vitiate proceedings against a public servant. She held that Section 17A could not be applied retrospectively and Naidu’s prosecution was concerned with offences prior to the 2018 amendment. She affirmed the possibility of Naidu’s prosecution under the Indian Penal Code as well. As a result of a split decision, the case was referred to a larger bench for further consideration.

Earlier in September 2023, Naidu was named as an accused in the Skill Development Corporation scam case by the Crime Investigation Department (CID). The CID accused Naidu of being non-cooperative during interrogation, providing vague responses,and claiming not to remember certain issues. He was produced in an Anti-Corruption Bureau court in Vijayawada after being arrested in a corruption case. The CID alleged that Naidu and the Telugu Desam Party were the “end beneficiaries” of misappropriated funds.  The CID chief also labelled Naidu as the principal conspirator in the case.

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