The Supreme Court on Tuesday sought response from the former Chief Minister and TDP supremo Nara Chandrababu Naidu on Andhra Pradesh government’s plea challenging the State High Court’s order granting him regular bail in an alleged Rs 371 crore Skill Development scam case.
The Andhra Pradesh High Court on November 20, had granted regular bail to the former Chief Minister Chandrababu Naidu in the case.
Issuing notice, a bench comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma said that the Andhra Pradesh government petition against the grant of bail would be taken up after the pronouncement of judgment whether Chandrababu Naidu enjoys protection under Section 17A of the Prevention of Corruption Act that mandates prior sanction of the Governor before initiating action against him for alleged corruption.
The Supreme Court on October 17 had reserved its order on Chandrababu Naidu’s plea seeking the quashing of FIR in alleged Rs 371 crore Skill Development project scam on the grounds that it was registered without prior sanction of the State Governor under Section 17A of the Prevention of Corruption Act.
The 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 initiating “inquiry, enquiry or investigation” against a public servant responsible for the decision or recommendation resulting loss to the State exchequer and corruption.
Posting the matter for December 8, the bench said that TDP leader can organise rallies and participate in them but would refrain from making statements in respect of proceedings against him in the Skill Development scam case.
The bench in its order has said: “Issue notice returnable on December 8. All the conditions imposed by the November 3 order by the High Court shall continue except the condition of organising or participating in public rallies or meetings. List on December 8.”
The High court had made Chandrababu Naidu’s four-week interim medical bail absolute and ordered the release on regular bail, considering his age, old age-related ailments, non-flight risk and other reasons. Chandrababu’s medical bail ends tomorrow. On October 31, Chandrababu Naidu was granted bail for 28 days on health grounds.
The Andhra Pradesh government seeking the setting aside of the High Court order, has said Chandrababu Naidu is an influential person and “has ensured that two of his key associates, including a government servant, have already fled the country.”
The Andhra Pradesh government (Criminal Investigation Department of the State police) had approached the Supreme Court on November 21challenging the November 20 State High Court order granting bail to the former Chief Minister in the alleged Skill Development Scam.
Earlier, on October 31, Chandrababu Naidu was granted bail for 28 days on health grounds.
Challenging the High Court order, the Andhra Pradesh government has contended that the high court had, in the bail matter, “delved deeply into the case’s facts and rendered findings that are not only factually incorrect but also likely to prejudice the court below during the trial”.
The petition by the State government has referred to the High Court order that says that the former Chief Minister could not be held responsible for evasion by every sub-contractor.
The former Chief Minister Chandrababu Naidu was arrested on September 9 by the State police in ₹371 crore in an alleged Skill Development scam. On 10 September, he was sent to judicial remand till October 31. He was granted bail on October 31 for the cataract surgery.
Initially, Naidu’s bail petition was rejected by the Vijayawada Anti-Corruption Bureau (ACB) Court, against which he approached the State High Court.
The Supreme court is likely to pronounce its judgment this week on Chandrababu Naidu’s plea seeking the quashing of FIR in Skill Development Scam case on the grounds that it was registered without prior sanction from the State Governor as mandated under Section 17A of the Prevention of Corruption Act, 1988.
Naidu faces six cases filed by the YSRCP regime. Apart from the skill development case, there are the Amaravati Inner Ring Road case, the AP Fibernet case, Punganur violence case, the state sand policy case, and the liquor policy case.