What the judge said
The special court said it saw reasonable grounds to remand Naidu to judicial custody, considering the nature of the allegations.
N Chandrababu Naidu. (X)
Former Andhra Pradesh chief minister N Chandrababu Naidu’s petition against the remand report filed by the Crime Investigation Department (CID) fell apart on Sunday, 10 September, when a special judge decided that there was prima facie a case of cheating, criminal breach of trust, forgery, and corruption against him.
Naidu was arrested early morning on Saturday, 9 September, in the alleged ₹279 crore skill development scam that took place when he was the chief minister.
The CID brought the charges under several sections of the Indian Penal Code and the Prevention of Corruption Act (PCA).
The Special Judge for Special Police Establishment (SPE) and and Anti-Corruption Bureau (ACB) cases in Vijayawada, B Satya Venkata Hima Bindu, while determining the charges, issued the order remanding Naidu in judicial custody for 14 days at the Rajahmundry Central Prison.
ACB Court order on Chandrababu Naidu
The judge agreed with the prosecution that Naidu, prima facie, had colluded with other accused.
The judge observed that the offences alleged against Naidu were substantial in nature under IPC, read with Section 109 (abetment) and 120-B IPC (punishment for criminal conspiracy) along with the offences under PC Act.
The court held that “the material in the remand report, statement of witnesses, material collected, and the accused alteration memo on record, prima facie showed that Naidu, in pursuance of criminal conspiracy while holding his office as a public servant, colluded with other accused and committed misappropriation of government funds to the tune of ₹279 crore by corrupt and illegal methods, causing huge loss to the government exchequer.”
The court also found that there was prima facie material to establish Naidu’s nexus with the other accused and representatives of the shell companies through which the money was allegedly siphoned off. Similarly, there was sufficient material to establish Naidu’s role in the approval of the skill development corporation.
The court also held that with regard to other offences, at this stage, it could only proceed with the question of whether the allegations would amount to offence which was alleged against Naidu and not beyond when read together with sections 109 and 120 B of IPC.
The offences alleged against Naidu, specifically were under the Prevention of Corruption Act, 1988, involving criminal misappropriation of office as a public servant and other substantial offences under various sections attracting imprisonment, which could extend to 10 years and a fine.
The court said it saw reasonable grounds to remand Naidu to judicial custody, considering the nature of the allegations, the loss of ₹279 crore caused to the government exchequer, and the apprehension of the investigation agency that Naidu might interfere with the investigation of the case.
The court further said that considering the plea of the Vijayawada district jail superintendent that there was insufficient security at the district jail, it decided to send Naidu to Rajahmundry Central Prison which is equipped to accommodate him and provide necessary protection as he enjoyed Z-plus security.
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