Skill development case: Supreme Court rejects Chandrababu Naidu’s plea to quash FIR

The Supreme Court on Tuesday rejected the plea of former Andhra Pradesh CM and Telugu Desam Party chief N Chandrababu Naidu, challenging the high court’s decision to reject the quashing of the FIR against him in the Skill Development Corporation scam case.

The division bench of Justices Aniruddha Bose and Bela M Trivedi, however, disagreed on the interpretation and applicability of Section 17A of the Prevention of Corruption Act in this particular case.

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Section 17A, introduced through an amendment on July 26, 2018, mandates that police officers obtain prior approval from the competent authority before initiating any inquiry or investigation into alleged offences by a public servant under the Prevention of Corruption Act.

The judges held differing opinions on whether prior approval was necessary for investigating the alleged offences attributed to Naidu. Justice Bose argued for the necessity of such approval but opted not to quash the remand order.

“However, I refuse to quash the remand order. The lack of approval will not make the remand order non-est,” Justice Bose said, granting liberty to the state to seek such approval.

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On the other hand, Justice Trivedi held that section 17A does not apply retrospectively and upheld the high court’s decision not to quash the FIR. “The impugned order of remand and the impugned judgment of the high court do not suffer from any illegality,” Justice Trivedi stated while dismissing Naidu’s appeal.

The purpose of the Act is to combat corruption, with Section 17A aiming to shield upright public servants from harassment, she said.

With conflicting opinions, the bench recommended referring the matter to the Chief Justice of India for appropriate directions.

Chandrababu Naidu, arrested on September 9 last year for alleged misappropriation of funds from the Skill Development Corporation in 2015, causing a purported loss of Rs 371 crore to the state exchequer, has consistently denied the allegations.

The Andhra Pradesh High Court granted him regular bail on November 20, 2023. Naidu moved Supreme Court to challenge the high court’s dismissal of his petition to quash the FIR. While quashing his plea, the high court had stated that criminal proceedings ought not to be scuttled at the initial stage, and quashing an FIR should be an exception rather than the rule.