The Supreme Court on Thursday posted for November 30 the bail plea of TDP chief Chandrababu Naidu in the Fibernet case, and directed the Andhra Pradesh police not to arrest him till the matter is decided.
On October 13, the Andhra Pradesh government had assured the top court that it will not arrest Naidu in the Fibernet case till October 18. This undertaking was reiterated on October 17 and October 20.
Posting the matter to November 30, Justice Aniruddha Bose, heading a bench also comprising Justice Bela M Trivedi, said there are overlapping issues in the matters – Skill Development Case and the Fibernet case – and post Diwali vacations, thy propose to deliver judgment whether former Chief Minister is protected by the Section 17A of the PC Act in both the cases.
There is another petition by the same petitioner, which has certain overlapping issues in which judgment has been reserved. We directed this matter to be listed on 30th November. This matter shall remain heard in part”, the bench said in its order today.
Naidu has knocked the doors of the top court contending that no criminal prosecution can be launched against him on the issues arising from the decisions he took in discharge of his official duties as chief minister between 2014-2019 – without prior sanction of the Governor as provided under the Section 17A of the Prevention of Corruption Act.
As bench directed the listing of the matter on November 30, senior advocate Sidharth Luthra urged the bench to reiterate the undertaking earlier given by the State not to touch Chandrababu Naidu in Fibernet case.
Senior advocate Mukul Rohatgi appearing for the Andhra Pradesh government said that he (Chandrababu Naidu) is already on bail on medical grounds.
In the last hearing of the matter on October 20, the bench while directing the listing of the matter today had said that since the order on the applicability of Section 17A of PC Act in Naidu’s plea seeking the quashing of FIR in Skill Development scam case is reserved, it would be appropriate to hear anticipatory bail plea of Naidu in Fibernet case after the verdict is delivered, since the issue is common to both the cases.
The top court is seized of Naidu’s plea against the Andhra Pradesh High Court order refusing to grant him anticipatory bail in October.
The bench on October 17, had reserved its judgment on Chandrababu Naidu’s plea seeking the quashing of the IIR in Skill Development case as proceedings against him lacked prior sanction of the State Governor mandated under the Section 17A of the PC Act.