The Supreme Court on Tuesday delivered a split verdict on Andhra Pradesh former chief minister and TDP chief N Chandrababu Naidu’s plea challenging the High Court order refusing to quash the Skill Development Corporation scam case against him.
A bench of Justices Aniruddha Bose and Bela M Trivedi differed on the interpretation and applicability of section 17A of the Prevention of Corruption Act in the case. Section 17A was introduced by an amendment with effect from July 26, 2018 and the provision 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 Act.
While Justice Bose said prior approval for conducting probe for the alleged offences against Naidu was needed, Justice Trivedi said section 17A will not apply retrospectively and upheld the high court order.
However, Justice Bose refused to quash the remand order of and granted liberty to the State to seek such an approval.
The bench said in view of divergent opinions, the matter be placed before the Chief Justice of India for appropriate directions.
Naidu was arrested on September 9 last year for allegedly misappropriating funds from the Skill Development Corporation when he was the chief minister in 2015, causing a purported loss of Rs 371 crore to the state exchequer.
Skill Development Corpn scam case: No relief for Naidu in SC



