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It is alleged that Naidu took decisions in discharge of his official duties as Chief Minister, wherein he made decisions to benefit co-accused in the case in setting up skill development centres in the state and abused his official position
Supreme Court today refused to restrain the trial judge from hearing the plea seeing extension of police custody of Former Chief Minister of Andhra Pradesh Chandrababu Naidu.
CJI Chandrachud led bench has ordered that it will take up the matter now on October 3rd.
Notably, the bench also comprising Justices Pardiwala and Manoj Misra refused to accept the submission made by Sr Adv Siddharth Luthra seeking interim relief for Naidu.
Earlier Supreme Court had refused to hear Naidu's plea seeking quashing of FIR registered against him in the skill development scam case.
Senior Advocate Siddharth Luthra mentioned Naidu's plea today out of turn.
CJI Chandrachud after asking about the date since which Naidu was in custody, told the senior counsel to "come tomorrow".
"Come tomorrow. We will see..", said the bench also comprising Justices Pardiwala and Manoj Misra.
Naidu has filed the instant SLP challenging the Andhra Pradesh High Court's order, whereby his plea on the same relief was dismissed two days back, on September 22, 2023.
It is Naidu's case that the High Court has rejected his prayer for quashing of the FIR and quashing of order of judicial remand, disregarding the fact that all actions have been initiated without obtaining sanction mandated by Section 17-A of the Prevention of Corruption Act.
"The Petitioner was suddenly named in the FIR registered over twenty-one months ago, arrested in an illegal manner and deprived of his liberty motivated only by political reasons and even though there is no material against him, the Petitioner is being made to suffer through an illegal motivated investigation, in clear violation of his fundamental right to fair investigation...", the SLP states.
The petition alleges that the FIR is an orchestrated campaign of regime revenge, to derail the largest opposition in the State, the Telugu Desam Party (TDP), as Naidu, who is presently the Leader of Opposition and the National President of TDP and former Chief Minister of Andhra Pradesh, having served for more than 14 years, has been illegally put to custody in a FIR and investigation which is barred by law.
"The extent of the political vendetta, is further demonstrated from the belated application for grant of police custody dated 11.09.2023, which names the political opponent i.e. the TDP and also the Petitioner’s family who are being targeted to crush all opposition to the party in power in the Respondent State with elections coming near in 2024...", the plea adds.
On Friday, while dismissing Naidu's petition Justice K. Sreenivasa Reddy had said that a mini-trial could not be conducted by the high court in an application under Section 482. Justice Reddy further said that the investigation was attaining finality and therefore the court was inclined to interfere in the proceedings.
Chandrababu Naidu had approached the high court after he was remanded to 14 day judicial custody by the Anti-Corruption Board court.
A case was registered against the Former Chief Minister alleging Naidu's government had entered into an agreement with Siemens Industry Software (India) Pvt Ltd and DesignTech Systems Pvt Ltd to contribute 10% to the skill development programmes in various districts. The 10% of the project cost amounted to 371 crores.
Allegedly, Naidu's government had hastily paid 371 crore in 3 months and syphoned 241 crore out of the 371 crore through shell companies.
Case Title: NARA CHANDRABABU NAIDU vs. THE STATE OF ANDHRA PRADESH & ANR.
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