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Fibernet case: AP not to arrest Naidu till Oct 18

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 deferred the hearing on the former CM’s plea for anticipatory bail.

Fibernet case: AP not to arrest Naidu till Oct 18

TDP Chief N Chandrababu Naidu (ANI Image)

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.

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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.

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“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.

The TDP has written to Prime Minister Narendra Modi seeking his intervention to ensure that its president gets medical attention while in judicial custody.
In a letter to the prime minister, TDP MPs, K Ravindra Kumar and K Ram Mohan Naidu, complained about the inadequate and unsanitary prison conditions that pose considerable risk to his health.
Pointing out that his weight loss was due to dehydration and further weight loss could affect his kidney, they urged him to intervene so that “he receives the best medical attention from the topmost doctors in the country in consultation with the family doctors. His health and well-being must be protected at all costs. It is imperative that his dignity and rights are safeguarded, irrespective of political affiliations, in the spirit of justice and democracy.”
Meanwhile, BRS leader KT Rama Rao responded to Nara Lokesh’s post saying, “If this is true, it is an unfortunate situation. I am not aware of the facts, but if true this is not good in politics. He is a 73-year-old leader. As a son, I can understand Nara Lokesh’s pain and what the family is going through.”
However, Rao said Hyderabad is a peaceful city and it should not be the battleground for political one-upmanship of parties that are not from Telangana. If someone wants to protest they can do it at Dharna Chowk. TDP supporters in Hyderabad were annoyed when police stopped protests that were held in support of Naidu.
DIG of the Rajahmundry Jail dismissed TDP’s allegations saying Naidu weighed 66 kg when he was brought in and currently weighs 67 kg and they were closely monitoring his health and security. YSRCP leader and government advisor Sajjala Ramakrishna Reddy criticised the TDP saying they were spreading false information to elicit public sympathy.

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