The Supreme Court has been approached by the Former Andhra Pradesh Chief Minister N Chandrababu Naidu requesting to quash the first information report (FIR) which has been filed against him in registered skill development program scam case.
The plea, filed through Advocate Guntur Pramod Kumar, was filed earlier today.
The request for quashing the FIR by former State Chief Minister former was dismissed by Andhra Pradesh High Court.
Justice K Sreenivasa Reddy had observed that the acts alleged against Naidu could not be said to be in good faith and in discharge of his official duties as Chief Minister.
The High Court held that there was no need for prior approval from the competent authority was necessary for investigation into the alleged offences.
Advocate Harish Salve who represented for Naidu, had brought to the Court’s attention that the FIR was registered on December 19, 2021, whereas Naidu was arrayed as an accused on September 7, 2023.
The counsel for Naidu contended that Section 17A of the Prevention of Corruption (PC) Act was not complied with, as no permission was obtained from the competent authority.
Advocate Salve also argued that Naidu’s implication was nothing but a ‘regime revenge investigation’ and that the instrumentalities of the State were being weaponised for using the force of criminal law.
The lawyer added that all the accusations were to be believed, there was no prima facie case against Naidu..
Senior Advocates Mukul Rohatgi and Ranjit Kumar, appearing for the State Criminal Investigation Department (CID), said that quashing the application was wrong.
Rohatgi argued that Section 17A was not a bar as Naidu, being the head of the executive government, was involved in a calculated and deliberate scam which misappropriated ₹370 crore of public money.
Further, he asserted that there was no need for prior sanction under Section 17A for investigation of offences prior to July 26, 2018, the date on which the the provision was inserted into PC Act.
The investigation against Naidu centres around a scheme that allegedly diverted government funds intended for a skill development project into various shell companies through fraudulent invoices, which did not correspond with the delivery of services.
He was arrested and later remanded to judicial custody in the matter on September 10.