‘Wrongfully accused for political gain’: Chandrababu Naidu at Vijaywada court on Sunday

Telugu Desam Party president and former Andhra Pradesh chief minister N Chandrababu Naidu, who was produced in a Vijayawada Anti-Corruption Bureau court on Sunday morning after his detention, told the court that he had been unfairly implicated for political advantage. Mr Naidu urged that the court reject the prosecuting agency’s remand report, citing technicalities under […]

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Telugu Desam Party president and former Andhra Pradesh chief minister N Chandrababu Naidu, who was produced in a Vijayawada Anti-Corruption Bureau court on Sunday morning after his detention, told the court that he had been unfairly implicated for political advantage. Mr Naidu urged that the court reject the prosecuting agency’s remand report, citing technicalities under the Prevention of Corruption Act and stating there is no “well-founded accusation” against him.

Moreover while defending Naidu, his lawyer said “No criminal complaint can be made and maintained relating to acts done in discharge of official duties, and if there is any misuse of funds at any level, the same has to be dealt in a different manner but not by way of prosecuting a Hon’ble Chief Minister.”

Lawyer of N Chandrababu Naidu defends him at court

Mr Naidu’s lawyer argued, citing Section 17-A of the Prevention of Corruption Act, that any inquiry or investigation relating to offences related to recommendations made or decisions made by a public servant in discharge of official duties or functions must be conducted after a sanction from the person competent to remove him from his office.

“The petitioner was the Chief Minister of Andhra Pradesh when the alleged offence alleged to have been committed and the person who removes the Chief Minister from Office is his majesty i.e., the Governor of Andhra Pradesh and hence the prosecution has to obtain prior sanction of the Governor even to initiate an enquiry/investigation in the above case. Hence, there is a statutory violation and hence the remand has to be rejected,” Supreme Court lawyer Siddarth Luthra, who is representing Mr Naidu along with a team of advocates, argued.

According to Mr Luthra, the alleged charges pertain to a policy decision made and authorised by the state cabinet, making it a decision of the state government that cannot be challenged through criminal procedures.

The 360 crore in question was allocated to the Department of Skill Entrepreneurship and Innovation by the state government and incorporated into the 2015-16 state budget, he said, adding that it was voted by the Legislature and thus cannot be challenged through criminal proceedings..