The matter was listed right this moment earlier than a bench of Justices Sanjiv Khanna and SVN Bhatti. However, because the matter got here up for listening to, Justice Batti recused from listening to the case.
The Supreme Court on Wednesday posted for listening to on October 3 a plea of former Andhra Pradesh Chief Minister Chandrababu Naidu searching for to quash the FIR registered against him within the ability growth rip-off case. The matter was listed right this moment earlier than a bench of Justices Sanjiv Khanna and SVN Bhatti. However, because the matter got here up for listening to, Justice Batti recused from listening to the case.
Senior advocate Siddharth Luthra, showing for Naidu, then talked about the plea earlier than a bench headed by Chief Justice of India DY Chandrachud for pressing itemizing. Luthra whereas mentioning the matter stated that Naidu was picked up illegally on September 8 Naidu and he has been detained.
The senior advocate stated the probe company is urgent for 15 days of police custody earlier than the trial courtroom, and allow them to not press the police custody. To this, CJI advised Luthra that “it will not restrain the trial judge from dealing with the application.” “We will keep it on the October 3,” the bench added.
Luthra additional stated that the probe company is roping Naidu in FIR after FIR and this sort of regime revenge can not occur. “They are roping him in FIR after FIR. He is a Z plus arrestee. 2024 Elections are there and they are trying to save themselves from embarrassment. This kind of regime revenge cannot happen,” he stated.
Senior advocate Ranjit Kumar, representing the Andhra Pradesh authorities stated that “this is about 3300 crores.. GST, authorities found there was siphoning off money and then a case was filed by CBI. Files started disappearing thereafter…”
Naidu approached the Supreme Court against the High Court order which declined to quash the FIR final week. He sought the quashing of the FIR registered by AP-CID within the alleged Rs 371 crore ability growth rip-off on the bottom that the police didn’t receive prior sanction from the Governor as mandated beneath the Prevention of Corruption (PC) Act.
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In his plea, Naidu contended that the Andhra Pradesh High Court had rejected his petition by ignoring his pleading that beneath Section 17A of the PC Act, which got here into power on July 26, 2018, no FIR against a public servant may very well be registered with out prior sanction of the suitable authority.
The FIR against Naidu was registered on December 9, 2021, and he was added as accused quantity 37 within the case. on September 7, 2023. Section 17 A of the PC Act was not complied with as “no permission was obtained from the competent authority”, the plea acknowledged.
As Naidu was the Chief Minister on the time of the fee of the alleged offence relating to the ability growth rip-off, the competent authority would have been the Governor of the state. Naidu, presently the Leader of the Opposition, the nationwide president of the Telugu Desam Party (TDP), known as the motion against him as “an orchestrated campaign of regime revenge and to derail the largest opposition in the state, the Telugu Desam Party”.
“The extent of the political vendetta is additional demonstrated from the belated software for grant of police custody on September 11, 2023, which names the political opponent i.e. the TDP and likewise the petitioner’s household, which is being focused to crush all opposition to the occasion in energy within the State with elections coming close to in 2024,” it added. This motivated marketing campaign of harassment has been allowed to proceed by the Courts unabated regardless of patent illegality within the FIR, the attraction acknowledged.
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