Supreme Court posts hearing on Naidu’s quash petition to October 3

NEW DELHI: A Supreme Court Bench comprising of Chief Justice of India Justice DY Chandrachud posted a hearing of the quash petition filed by Nara Chandrababu Naidu on October 3, after Justice SVN Bhatti recused from hearing Naidu’s plea.

Following the sudden turn of events, Naidu’s counsel Sidharth Luthra brought the issue to the notice of the CJI bench. Luthra said that it was an urgent matter concerned with the liberty of a person. “Justice Bhatti has recused from the matter. I am making a request. The bail has been listed on a few occasions. They are (AP CID) seeking police custody. That's the kind of thing that is happening. There is a legal bar under 17A,” Luthra said.

When the chief Justice asked him about the plea, Luthra said that the matter came before the bench but Justice Bhatti recused from the matter. “We took liberty from that bench to mention before your lordships. The question is this- from September 8, this man (Nara Chandrababu Naidu) was picked up illegally, and was detained.

He further explained that the police custody was granted for two days, but the CID wanted custody for 15 days. “There is 17A in all FIRs. They're roping him in FIR after FIR. Only because the election is coming up,” Luthra explained to the CJI bench seeking an earlier listing of the case.

Reconstructing the events on September 9, Luthra said that the CID produced Naidu at 6 am at the ACB special court while they were supposed to do that at 3 am. “I ask for house arrest, hearing is put on the next day. Then they start asking for police custody. He is a Z plus arrestee. What is happening,” Luthra asked.

Continuing his argument Luthra said that the defendant was not pressing for the bail as bail was on merits. “17A goes to the root of the matter. Please see. My first prayer was early listing. Unfortunately, the matter listed couldn't be taken up. The second is interim relief. 17A goes to the root of the matter. This man cannot be kept in custody in an FIR which could not have been,” he pleaded.

At this juncture, the CJI said that the Supreme Court would list the quash petition before the appropriate bench on October 3. However, Luthra insisted saying “It's a question of liberty...this has been held in Yashwant Sinha that this is a jurisdictional bar- 17A.”

Intervening, senior advocate Ranjit Kumar on behalf of the State of AP said that the skill development was a Rs 3,300 crore project and some GO was passed that 90 percent would be given by the contractor and 10 percent by the Government. That 90 percent was removed and only the Government released Rs 371 crore. Section 17-A could not be applied here as the scam occurred before the amendment came, the investigation had to be done, he said.