Resultantly, the matter has been referred to the Chief Justice of India for appropriate orders for the constitution of a larger Bench to decide Naidu’s plea.
Published Date – 16 January 2024, 02:15 PM
New Delhi: The Supreme Court on Tuesday delivered a split verdict on a plea filed by Telugu Desam Party supremo and former Andhra Pradesh Chief Minister Chandrababu Naidu challenging criminal proceedings against him in the alleged Skill Development Corporation scam case.
The split judgment was given by a Special Bench of Justices Aniruddha Bose and Bela M Trivedi on the question whether proceedings against the former Chief Minister could have been initiated without getting a sanction from the Governor of the state.
In his opinion, Justice Bose said that any action initiated under the Prevention of Corruption Act without obtaining prior approval under Section 17-A of the Act would be “illegal”. However, he granted liberty to the state government to obtain fresh sanction for prosecuting the TDP leader.
On the other hand, Justice Trivedi opined that non-obtaining of sanction could not be a ground for quashing the FIR registered against a public servant under the penal code. She upheld the order passed by the Andhra Pradesh High Court in September 2023 dismissing Naidu’s petition to quash the criminal proceedings initiated against him and to set aside his judicial remand.
Resultantly, the matter has been referred to the Chief Justice of India for appropriate orders for the constitution of a larger Bench to decide Naidu’s plea.
It may be recalled that Naidu was ordered to be released on regular bail on the bail bond already furnished by him by a Bench of Justice T Mallikarjuna Rao of the Andhra Pradesh High Court on November 20 last year.
The Andhra Pradesh Government has moved the Supreme Court questioning the decision of the High Court.
