SC rejects Chandrababu Naidu’s plea to quash FIR over skill development scam; judges differ on applicability of sec 17A of PC Act

Section 17A of the Act, inserted by way of an amendment in July 2018, makes it mandatory for a police officer to get previous approval of the competent authority before an inquiry or investigation into offences relatable to recommendations made or decisions taken by a public servant in the discharge of official functions or duties.

Justice Bose was of the view that the requirement of sanction would apply even to pre-2018 offences and as such, authorities could not prosecute Naidu for offences under Section 13(1)(c), 13(1)(d) and 13(2) of the 1988 Act as no prior approval has been secured for this.

He, however, said this would not make the remand order non-est as the sanction could still be applied for.

Differing with the interpretation, Justice Trivedi said the provision Section 17A cannot be made applicable retrospectively.

The Telugu Desam Party (TDP) chief was arrested by the state Criminal Investigation Department (CID) in connection with the multi-crore AP Skill Development Corporation scam on September 9 last year, following which the Andhra Pradesh High Court granted him regular bail on November 20.

Naidu is the prime accused in the case which allegedly involves Rs 371 crore of government funds that were transferred to shell companies during the TDP’s rule.