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Naidu has been accused of playing a 'key role' in the AP FiberNet scam by exerting pressure on officials to favour a certain company that was awarded the FiberNet contract, despite its alleged lack of necessary qualifications
The Supreme Court today directed the State of Andhra Pradesh not to arrest former Chief Minister, Chandrababu Naidu, in the case registered against him in the Fibernet scam case.
Naidu moved the Supreme Court after his anticipatory bail plea was dismissed by the High Court on October 9, 2023.
Today, a bench of Justices Aniruddha Bose and Bela M Trivedi while adjourning the former CM's plea ordered that he will not be arrested till November 9.
Senior Advocate Sidharth Luthra, appearing for Naidu had told court that after his client's initial arrest in the skill development scam case, state was going after him in one case after the other.
At the assurance of Senior Advocate Mukul Rohatgi, appearing on behalf of the State, the court was told that Naidu shall not be arrested.
A few days back, in the plea filed by Naidu, seeking to quash the FIR registered against him in the skill development scam, the Supreme Court was told that his actions had resulted in immense corruption and major loss to the state.
On the application of Section 17A Prevention of Corruption Act, which stipulates a mandatory requirement for a Police Officer to seek previous approval for conducting any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Act, the Court was told,
"Parliament has not applied Section 17A retrospectively, neither that was its intention when the provision was introduced in 2018. 17A cannot be considered a roadblock, it actually helps an officer who is scared to investigate..".
Supreme Court on October 3rd had called for the entire compilation of documents filed before the High Court by the State of Andhra Pradesh.
Earlier, Supreme Court had refused to restrain the trial judge from hearing the plea seeing extension of police custody of Naidu. CJI Chandrachud led bench had ordered that it will take up the matter now on October 3rd.
Notably, the bench also comprising Justices Pardiwala and Manoj Misra had refused to accept the submission made by Luthra seeking interim relief for Naidu.
Earlier, the Supreme Court had refused to hear Naidu's plea seeking quashing of FIR registered against him when Luthra had mentioned Naidu's plea out of turn. CJI Chandrachud after asking about the date since which Naidu was in custody, told the senior counsel to "come tomorrow".
Naidu filed the instant SLP challenging the Andhra Pradesh High Court's order, whereby his plea on the same relief was dismissed on September 22, 2023.
Case Title: NARA CHANDRABABU NAIDU vs. THE STATE OF ANDHRA PRADESH & ANR.
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