New Delhi: The Andhra Pradesh government has moved the Supreme Court challenging the Andhra Pradesh High Court order granting bail to former Chief Minister N Chandrababu Naidu in the skill development program scam case. The high court granted bail to Naidu on November 20, 2023.
The state government contended that the high court, granting bail to Naidu, has delved deep into facts of the case and has rendered findings that are not only factually incorrect but are also likely to prejudice the court below during the trial. Citing various apex court judgments, the state government said that the practice of detailed elaboration of evidence in bail orders has been repeatedly deprecated. On the findings of the high court in the matter, the state government’s plea said: “the High Court has exceeded its jurisdiction by conducting a mini trial and rendering findings on merits. This, it is most respectfully submitted, ought not to be allowed”.
The state government said the accused is an influential person and has ensured that two of his key associates (including a government servant) have already fled the country and, he is therefore clearly obstructing the conduct of investigation and, therefore, ought not to be granted bail.
“the High Court’s perverse approach and findings in regard to the subject matter vitiates the order under appeal, on the touchstone of foundational parameters of adjudication of bail adjudication”, said the state’s plea.
The plea contended that the high court has grossly erred in making the finding that there is no material to definitively conclude that the misappropriated amounts were diverted to the Telugu Desam Party (TDP), and this finding is in defiance of established parameters of tentative adjudication at bail.
“The money laundering aspect of the crime is also being investigated by the ED. The cash trail is clearly available, which was also placed before the Hon’ble High Court. All further aspects are a matter of ongoing investigation by the APCID and the ED. It is for ED and APCID to pursue investigation. The conclusion by the High Court that there is no money trail is therefore clearly erroneous and unsustainable”, said the state’s plea.
Against the backdrop of high court order, Naidu will be spared from going to Rajahmundry jail on November 28, which was the earlier scheduled date. However, the court has mandated that he must appear before the Anti-Corruption Bureau (ACB) court on November 30.
"The petitioner's inclination to clear funds does not imply his involvement in the offence without evidence of funds being diverted to his or his party's account. The court agrees with the petitioner's Senior Counsel that the petitioner cannot be held responsible for every subcontractor's evasion. There is no prima facie indication that officials informed the petitioner of such deviations," Justice T. Mallikarjuna Rao in his order said.
Naidu was initially arrested on September 9 in connection with the skill development scam and remained in judicial remand until October 31. The court granted him interim bail to seek medical treatment. As per the interim-bail, Naidu is required to surrender before the superintendent of Rajamahendravaram Central Prison on November 28. This condition of the interim-bail will be inoperable due to the regular bail granted to Naidu. Additionally, the Supreme Court is set to deliver its judgement on Naidu's petition to quash the CID FIR after the Deepavali vacation.
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