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Skill Development Corporation scam case: SC delivers split verdict on Chandrababu Naidu’s plea for quashing of FIR | India News
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NEW DELHI: A division bench of the Supreme Court on Tuesday gave split verdict on a plea by former Andhra Pradesh chief minister N Chandrababu Naidu for quashing of criminal proceedings against him in the Skill Development Corporation scam case. The two judges on the bench took contrasting stands on interpretation of Section 17A of the Prevention of the Corruption Act which talks about taking sanction before initiating proceedings against any public authority.
Section 17A was introduced by an amendment with effect from July 26, 2018 and the provision stipulates a mandatory requirement for a police officer to seek prior approval from the competent authority for conducting any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Prevention of Corruption Act.
Justice Aniruddha Bose said that sanction was needed to be taken by police under the Prevention of Corruption Act which was not taken. He said that the authority can now apply for sanction but proceedings under IPC would continue. However, Justice Bela M Trivedi held that no sanction was needed to proceed against the former chief minister.
The apex court bench comprising Justices Aniruddha Bose and Bela M Trivedi had on October 17 last year reserved its verdict on Naidu’s plea challenging the September 22, 2023 high court order refusing to quash the FIR against him in the case. While dismissing his petition, the high court had said criminal proceedings ought not to be scuttled at the initial stage and quashing an FIR should be an exception rather than the rule.
Chandrababu Naidu was arrested on September 9 last year for allegedly misappropriating funds from the Skill Development Corporation when he was the chief minister in 2015, causing a purported loss of Rs 371 crore to the state exchequer. Naidu has denied the allegations.
Section 17A was introduced by an amendment with effect from July 26, 2018 and the provision stipulates a mandatory requirement for a police officer to seek prior approval from the competent authority for conducting any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Prevention of Corruption Act.
Justice Aniruddha Bose said that sanction was needed to be taken by police under the Prevention of Corruption Act which was not taken. He said that the authority can now apply for sanction but proceedings under IPC would continue. However, Justice Bela M Trivedi held that no sanction was needed to proceed against the former chief minister.
The apex court bench comprising Justices Aniruddha Bose and Bela M Trivedi had on October 17 last year reserved its verdict on Naidu’s plea challenging the September 22, 2023 high court order refusing to quash the FIR against him in the case. While dismissing his petition, the high court had said criminal proceedings ought not to be scuttled at the initial stage and quashing an FIR should be an exception rather than the rule.
Chandrababu Naidu was arrested on September 9 last year for allegedly misappropriating funds from the Skill Development Corporation when he was the chief minister in 2015, causing a purported loss of Rs 371 crore to the state exchequer. Naidu has denied the allegations.
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