The Andhra Pradesh government on Friday assured the Supreme Court that it won’t arrest former chief minister Nara Chandrababu Naidu in the Fibernet case till October 18 in the Rs 371-crore alleged Skill Development scam.

The state government told the court that it would seek adjournment of the matter listed before the trial court on October 16 till October 18 as the top court on Friday deferred the hearing on Naidu’s plea for anticipatory bail that will now be taken up along with his plea for quashing of FIR in the case that has now been posted for hearing on October 17.

Posting Naidu’s plea for anticipatory bail in Fibernet case to October 17, a bench of Justice Aniruddha Bose and Justice Bela M Trivedi said both, in the matter relating to anticipatory bail in Fibernet case and quashing of FIR in the alleged skill development scam, the common issue is of prior sanction of the governor under Section 17A of the Prevention of Corruption Act, 1988 and posted it for October 17.

“Stay your hand. Tell the court that you are not arresting him till then,” the bench told senior advocate Rohatgi who was appearing for Andhra Pradesh.

Chandrababu Naidu has challenged the Andhra Pradesh High Court’s October 9 order declining his plea for anticipatory bail in the Fibernet case.

As senior advocate Sidharth Lithra, appearing for Naidu, started his argument on the anticipatory bail plea, after the hearing on the quashing petition was posted for October 17, Justice Aniruddha Bose noted that the Section 17A is common to both matters and said that anticipatory bail plea too would be taken up on  October 17.

However, Sidharth Luthra told the bench that the trial court has issued a warrant for the production of Naidu and the moment Naidu would be produced before the court on October 16, he will be arrested.

Initially, senior advocate Mukul Rohatgi, appearing for Andhra Pradesh, said that they would not arrest Naidu in the Fibernet case. However, to allay the apprehension of Luthra, Rohatgi said that on Monday they will seek adjournment till Wednesday.

Chandrababu Naidu is currently in judicial custody.

Before this, resuming his argument that remained inconclusive on October 10, Rohatgi reiterated that there was no requirement of prior sanction under Section 17A as the skill development case is prior to 2018 when 17A was inserted into the PC Act.

Referring to the earlier judgments of the top court and certain high courts, Rohatgi said that it has been held that while deciding such cases, the purpose of the law- that is to curb corruption – cannot be lost.

Rohatgi will continue his arguments on October 17.

In the last hearing of the matter on October 10, the Andhra Pradesh government had told the Supreme Court that Section 17A of the Prevention of Corruption Act, 1988, can’t parachute in the cases of alleged corruption leading to loss to the State exchequer that happened before its birth on July 26, 2018.

Section 17A of the Prevention of Corruption Act, 1988, requires the investing agencies to take prior sanction of the competent authorities for the registration of FIR and initiate “inquiry, inquiry or investigation” against a public servant responsible for the decision or recommendation resulting loss to the State exchequer and corruption.