Skill Development scam: Setback for Chandrababu Naidu as SC delivers split verdict on Corruption Act

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Bar and Bench reported. The bench has now referred the matter to the Chief Justice of India (CJI). The plea filed by Chandrababu Naidu had challenged the high court order refusing to quash the FIR against the Telugu Desam Party (TDP) chief by the Crime Investigation Department (CID) in the Skill Development Corporation scam case.

A bench of Justices Aniruddha Bose and Bela M Trivedi delivered a split verdict on the interpretation and applicability of section 17A of the Prevention of Corruption Act in the case. ALSO READ: N Chandrababu Naidu: ‘Money trail’ clearly points to skill development scam in Andhra Pradesh, claims CID According to news agency PTI, Section 17A was introduced by an amendment with effect from July 26, 2018. The provision under this section stipulates a mandatory requirement for a police officer to seek prior approval from the competent authority for conducting any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Prevention of Corruption (PC) Act.

Justice Bose said prior approval for conducting probe for the alleged offences under the PC Act against Naidu was needed. "However, I refuse to quash the remand order. The lack of approval will not make the remand order non-est," Justice Bose was quoted by PTI as saying, while granting liberty to the state to seek such approval.

Meanwhile, Justice Trivedi said section 17A will not apply retrospectively and upheld the high court order refusing to quash the FIR. "The impugned order of remand and impugned judgement of the high court does not suffer from any illegality," Justice Trivedi said while dismissing Naidu's appeal. According to the Hindustan Times, while, Justice Bose quashed the charges