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Supreme Court delays Naidu’s case; former Andhra CM remains in judicial custody

The Supreme Court has declined to provide any immediate relief to former Chief Minister and TDP leader N Chandrababu Naidu, who sought the dismissal of an FIR related to an alleged Rs 371 crore skill development scam. The court, comprising Justices Aniruddha Bose and Bela M Trivedi, has instead issued a notice to the State government, requesting the submission of complete case documents presented in the previous proceedings before the AP High Court. The case is now scheduled for further hearing on October 9. Additionally, the court rejected Naidu’s plea to prevent the ACB court from examining the application for his custodial interrogation, which is due to be discussed in the trial court.

In his special leave petition, Naidu argued that his arrest was conducted unlawfully, and his liberty was curtailed without obtaining the required sanction under Section 17(A) of the Prevention of Corruption Act. His legal team, including senior advocates Harish Salve, Abhishek Manu Singhvi, and Sidharth Luthra, asserted that the allegations in the FIR were related to decisions, instructions, or recommendations made by Naidu while he served as the State’s Chief Minister, thereby characterizing it as a political case where Section 17(A) should be applicable. They also highlighted inaccuracies in the dates provided in the FIR, indicating that the inquiry began on December 9, 2021, despite being based on a letter dated September 7, 2021, sent to the DGP.

Conversely, senior advocate Mukul Rohatgi, representing the State government, argued that Section 17(A) did not apply as it was introduced in July 2018, while the investigation commenced in 2017.

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