Meanwhile, the ACB Court deferred the hearing of Naidu's bail petition in the case and the CID petition seeking his custody to 4 October.
Published Sep 27, 2023 | 7:08 PM ⚊ Updated Sep 27, 2023 | 7:08 PM
TDP chief N Chandrababu Naidu. (File photo/Supplied)
The Supreme Court on Wednesday, 27 September, said it would take up former Andhra Pradesh chief minister and TDP chief Nara Chandrababu Naidu’s plea for the quashing of the FIR against him in the multi-crore skill development scam on 3 October.
The decision came after Justice SVN Bhatti — sitting with Justice Sanjiv Khanna in the bench before which the matter was listed — recused from hearing the matter.
The matter was then brought before a bench headed by Chief Justice DY Chandrachud and comprising Justice JB Pardiwala, and Justice Manoj Misra, which said that Naidu’s plea for the quashing of FIR would be listed for hearing on 3 October.
In view of the Supreme Court hearing, the Anti-Corruption Bureau (ACB) Court in Vijayawada on Wednesday deferred the hearing of Naidu’s bail petition in the case and the Crime Investigation Department (CID) petition seeking his custody to 4 October.
Posting the matter, the bench made it clear that it would not interfere with the trial court hearing the matter on Wednesday.
Making a mention, Senior Advocate Sidharth Luthra, representing Naidu, told the bench headed by CJI Chandrachud that the matter concerned personal liberty and that there was no sanction for launching the prosecution.
Referring to the provisions of the Code of Criminal Procedure, Luthra said that the police could not seek Naidu’s custody after the expiry of 15 days from the date of arrest. Luthra noted that Naidu was taken into custody on 9 September.
After senior advocate, Ranjit Kumar, appearing for the Andhra Pradesh government, said that the trial court (ACB Court in Vijayawada) was hearing Naidu’s bail plea and the court would be informed about the outcome on Tuesday (3 October), Luthra said that he was not pressing for the bail but on the question that the police could not seek his custody after the expiry of 15 days from the date of his arrest.
“I am not pressing the bail. I am on 70A that goes to the root of the matter,” Luthra told the bench.
Ranjit Kumar said that the investigating agency — the Andhra Pradesh Crime Investigation Department (CID) — needed custody as they had to confront Naidu with certain documents relating to the matter.
Referring to the skill development project, Ranjit Kumar said that 90 percent of the fund was to come from the developer of the project and 10 percent from the state. However, he said, later the developers’ burden of 90 percent contribution to the project was relaxed.
Earlier in the day, Justice SVN Bhatti had recused from hearing the matter.
Soon after the matter was called for hearing, Justice Sanjiv Khanna heading a bench also comprising Justice SVN Bhatti said, “My brother (Justice Bhatti) has some reservations in hearing the matter.”
Justice Khanna said Justice Bhatti — who was recently elevated to the Supreme Court and whose parent high court is the Andhra Pradesh High Court — was recusing from hearing the matter, and that the matter would be taken up next week.
However, Harish Salve and Luthra, both appearing for Chandrababu Naidu asked the bench to pass over the matter, so that they could mention it before Chief Justice Chandrachud for listing before another bench.
After hearing the arguments by the CID’s and Naidu’s counsels on Wednesday, the ACB court deferred the date of pronouncing its order to 4 October, a day after the Supreme Court is expected to deliver its order.
The ACB Court had adjourned the hearing on Tuesday two petitions — one by Naidu seeking bail and the other by Andhra Pradesh CID seeking Naidu’s custody for five days — for a hearing on Wednesday.
The court will complete the hearing of arguments of prosecution and defence counsels on the same day and pass on order on the police custody petition and Naidu’s bail plea. The prosecution argued that Naidu did not cooperate during his two-day police custody that concluded on Sunday.
It also opined that it would pass an order on 4 October, regardless of the arguments.
Naidu was arrested on 9 September, for allegedly misappropriating funds from the Skill Development Corporation, which resulted in a purported loss of ₹371 crore to the state exchequer.
The ACB Court originally wanted to hear the bail application on Tuesday, but when the CID insisted that its petition also be taken up, the court said it would hear arguments on both petitions on the same day.
The court also asked Naidu’s counsel to file their counter to the CID’s fresh petition for custody by Tuesday.
The ACB Court also posted the matter related to PT warrants in Amaravati inner ring road and fibrenet cases to 4 October.
Meanwhile, arguments were completed in the petition related to anticipatory bail filed by Naidu in the Andhra Pradesh High Court in the Inner Ring Road case. The CID declared Naidu’s son Nara Lokesh as accused number 14 (A14) in the case. After the inclusion of his name in the case, Lokesh filed an anticipatory bail petition in the court.
The CID is probing the irregularities committed to make changes to the alignment of Amaravati Capital Inner Ring road.
In its fresh petition, the CID said that Naidu’s custody is needed as they have to elicit information from him on the involvement of others in the scam and the manner in which the conspiracy was scripted and implemented.
The CID said that as Naidu, his family members, and the TDP were the suspected end-beneficiaries of the proceeds of the crime, he needed to be further interrogated.
It needs to be ascertained whether the proceeds of the crime are parked with Vikas Kanvilkar who is an accused in the case, the CID added.
The CID said that the nature of the offence being a financial misdemeanour by public officials with a deep-rooted conspiracy it is necessary for the investigation agency to interrogate Naidu to unravel all the elements of the plot which has been hatched to benefit private individuals.
The CID contended that during the course of the investigation, it came to its notice that several crores of rupees were deposited in cash in the bank accounts of the TDP during 2018-20.
