Amaravati: The Supreme Court rendered a split verdict on Tuesday regarding a plea filed by Chandrababu Naidu, leader of the Telugu Desam Party and former Chief Minister of Andhra Pradesh, challenging criminal proceedings in the alleged Skill Development Corporation scam. A Special Bench, comprising Justices Aniruddha Bose and Bela M Trivedi, disagreed on whether the former Chief Minister could face proceedings without obtaining the Governor’s sanction, particularly referencing Article 17-A of the Prevention of Corruption Act.
Justice Bose contended that any action initiated under the Prevention of Corruption Act without obtaining prior approval under Section 17-A would be deemed “illegal.” Despite this, he granted the state government the option to seek fresh sanction for prosecuting Naidu. Conversely, Justice Trivedi opined that the absence of sanction couldn’t be a basis for quashing the FIR against a public servant under the penal code. She upheld the Andhra Pradesh High Court’s decision from September 2023, dismissing Chandrababu Naidu’s petition to quash criminal proceedings and set aside judicial remand. The matter has been referred to the Chief Justice of India for appropriate orders to constitute a larger Bench to address Naidu’s plea, with Article 17-A of the Prevention of Corruption Act serving as a key focal point in the deliberations.