No interim bail for Chandrababu Naidu in skill development case; Supreme Court reserves verdict

NEW DELHI: The Supreme Court bench consisting of Justices Aniruddha Bose and Bela Trivedi hearing the quash petition of former Chief Minister Nara Chandrababu Naidu in the skill development scam case has reserved its judgement, but gave time for the APCID to make written submissions till Friday.

"We have heard the main matter and will deliver judgment," the Supreme Court bench observed after it completed hearing arguments from both sides on Tuesday.

Senior advocate Mukul Rohatgi continued his argument for APCID and said that the jurisdiction of the ACB special court that heard the skill development scam case would remain even after the case under the Prevention of Corruption Act was dropped.

Opposing the quash petition urging to invalidate the FIR filed against the accused in the skill scam case, Rohatgi said that the quash petition in this case was filed within five days of registering the FIR. “Enough time must be available for authorities to investigate and show the outcome of the investigation to the concerned court,” he said.

Arguing that section 482 CrPC cannot be used for scuttling an investigation by quashing an FIR, he said that section 17A of the PC Act was meant for protection from harassment of honest public servants who should not hesitate to make correct decisions. “The idea is to protect an error of judgment. Section 17A is not applicable in this case because it is not retrospective. It was not in existence at the time when the offense occurred,” he said.

Rohatgi also negated the earlier submission that this is not 'regime revenge' as Naidu’s counsel and senior advocate Harish Salve had argued on behalf of Naidu. "Probes have also been initiated into allegations by various central agencies," Rohatgi points out.

Harish Salve arguing through hybrid mode for Naidu, said that retrospective legislation impaired past rights. Reading from Shanti Conductors' (2019) case said that a statute will not become retrospective merely because it affects existing rights. He also quoted from Rattan Lal's (1964) case and noted that Article 20 ensured that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense.

Harish Salve while summing up his arguments, urged the Court to grant interim bail to Naidu in the skill development scam case.

Fibernet Case

The Supreme Court bench posted further hearing on the anticipatory bail petition filed by Nara Chandrababu Naidu in the Fibernet scam case to Friday. The Apex Court also directed the AP CID not to arrest the former Chief Minister in connection with the case till Friday.