There are overlapping issues in the matters – Skill Development Case and the FiberNet case – and the judgment will be delivered on whether Naidu is protected under the Prevention of Corruption Act.
Published Nov 09, 2023 | 2:34 PM ⚊ Updated Nov 09, 2023 | 2:34 PM
An image of Chandrababu Naidu from a community meeting. (Supplied)
The Supreme Court on Thursday, 9 November, adjourned to 30 November the hearing on TDP supremo N Chandrababu Naidu’s anticipatory bail petition in the FiberNet case.
The court also extended Naidu protection from arrest in the case till it hears the matter.
On 13 October, the Andhra Pradesh government had assured the top court that it would not arrest the former chief minister in the FiberNet case till 18 October. The undertaking was reiterated on 17 October and 20 October.
Posting the matter to 30 November, a bench of Justice Aniruddha Bose and Justice Bela M Trivedi said that there were overlapping issues in the matters — the AP State Skill Development Case (APSSDC) and the FiberNet case — and the judgement would be delivered on whether Naidu was protected under Section 17A of the Prevention of Corruption (PC) Act in both the cases after the Deepavali vacation.
The court would be on vacation from 13 November to 18 November.
“There is another petition by the same petitioner, which has certain overlapping issues in which judgement has been reserved. We directed this matter to be listed on 30th November. This matter shall remain heard in part,” the bench said in its order.
Naidu approached the top court contending that no criminal prosecution could be initiated against him on the issues arising from the decisions he had made while discharging his official duties as the chief minister between 2014 and 2019, without the prior sanction of the Governor as provided under the Section 17A of the PC Act.
As the bench directed the listing of the matter on 30 November, Senior Advocate Sidharth Luthra urged the court to reiterate the undertaking earlier given by the state that no coercive action would be initiated against Naidu in the FiberNet case.
Senior Advocate Mukul Rohatgi, appearing for the Andhra Pradesh government, said that he (Chandrababu Naidu) was already on bail on medical grounds. Naidu, arrested in the APSSDC on 9 September, walked out on bail on 31 October.
During the previous hearing on 20 October, the bench, while directing the listing of the matter to 9 November, had said that since the order on the applicability of Section 17A of the PC Act in Naidu’s plea seeking the quashing of FIR in APSSDC scam case was reserved, it would be appropriate to hear anticipatory bail plea of Naidu in the FiberNet case after the verdict was delivered.
The bench made the statement since the issue was common to both cases.
The top court has been seized of Naidu’s plea against the Andhra Pradesh High Court order refusing to grant him anticipatory bail in October.
