Chandrababu Naidu's quash petition in skill scam case dismissed by AP High Court

VIJAYAWADA: In a setback to Chandrababu Naidu, Andhra Pradesh High Court dismissed his quash petition in the alleged skill development scam.Naidu's legal team is currently mulling to knock on the doors of the Supreme Court and also move a bail petition in the High Court.

A single judge bench headed by Justice Srinivasa Reddy, pronouncing the judgement on Friday, said that "The petition has been dismissed." The High Court did not accept the argument that the arrest under Section 17A was invalid.

"Amidst the aforesaid rival submissions of both the senior counsel, this Court is of the opinion that in respect of the disputed questions of fact, a mini trial cannot be conducted by this Court in a petition filed under Section 482 CrPC. The investigating agency, pursuant to the registration of the crime in the year 2021, examined as many as more than 140 witnesses and collected documents to the tune of more than 4,000. Profligacy is such an esoteric subject, where investigation has to be carried with utmost proficiency by the professionals. At this stage, where the investigation is on fulcrum of attaining finalty, this Court is not inclined to interfere with the impugned proceedings.. The Criminal Petition is devoid of merit and is, accordingly, dismissed, and the consequential reliefs sought are dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed," said the court.

Earlier this week, the court adjourned the case and reserved its verdict for delivery on September. 21. Senior Supreme Court advocates Mukul Rohatgi and Ranjith Kumar and additional advocate general Ponnavolu Sudhakar Reddy represented the Andhra Pradesh Government. They argued that there was no need for the AP CID to get permission from the Governor to register an FIR on Naidu in the skill development scam as it involved intentional loot of public money for self-gain. They argued that this was not related to abuse of public money while discharging one’s duty.

The counsels submitted to the court that Naidu was trying to escape from the case by leveling an allegation that it was a politically motivated case by the CID. "Section 17 (A) of the Prevention of Corruption Act is meant to protect the officials working honestly from political prosecution and it is not meant for Naidu who resorted to loot of public money," the counsels said.

Supreme Court senior advocates Siddartha Luthra and Harish Salve who represented Chandrababu Naidu, argued that as the FIR was registered in 2021, there was a need to take the Governor’s permission under section 17 (A) of PC Act to take up the inquiry. They said the scam took place in 2014 but Naidu was arrested now.

"The time of registration of FIR was important. With elections round the corner, the case filed against Naidu is politically motivated. The inquiry in the case was already over and all evidence was collected. Hence, the question of Naidu now tampering with the evidence and influencing witnesses does not arise. So, why the arrest," they asked.