Introduction:

The Supreme Court, in a split verdict, referred the plea of former Andhra Pradesh Chief Minister Chandrababu Naidu to quash an FIR in the skill development scam case to a larger bench. Justice Aniruddha Bose and Justice Bela M Trivedi delivered separate judgments, differing on the interpretation of Section 17A of the Prevention of Corruption Act. The case involves Naidu’s arrest in connection with alleged embezzlement during the TDP’s rule. While one judge held that prior sanction was required for the inquiry, the other disagreed, leading to the referral.

Arguments of Both Sides:

Naidu’s lawyers argued that police couldn’t make him an accused without Section 17A sanction. The State contended that as the offense predates the provision, sanction wasn’t applicable.

Court’s Judgement:

Justice Bose held that prior sanction under Section 17A was required for the inquiry, making the investigation illegal. However, the State could now seek approval. Justice Trivedi disagreed, deeming Section 17A not applicable retrospectively. She upheld the investigation’s legitimacy.