Telugu Desam Social gathering 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 arrest, informed the courtroom that he has been falsely implicated for political positive aspects. Citing technicalities below statutory provisions of the Prevention of Corruption Act and claiming there is no such thing as a “well-founded accusation” in opposition to him, Mr Naidu requested that the courtroom reject the remand report submitted by the prosecuting company.
Any enquiry or investigation referring to offences linked to suggestions made or choice taken by a public servant in discharge of official duties or capabilities must be accomplished after a sanction from the particular person competent to take away him from his workplace, Mr Naidu’s lawyer argued, citing Part 17-A of the Prevention of Corruption Act.
“The petitioner was the Chief Minister of Andhra Pradesh when the alleged offence alleged to have been dedicated and the one who removes the Chief Minister from Workplace is his majesty i.e., the Governor of Andhra Pradesh and therefore the prosecution has to acquire prior sanction of the Governor even to provoke an enquiry/investigation within the above case. Therefore, there’s a statutory violation and therefore the remand must be rejected,” Supreme Court docket lawyer Siddarth Luthra, who’s representing Mr Naidu together with a group of advocates, argued.
The alleged offences relate to a coverage choice taken and authorized by the state cupboard, making it a choice of the state authorities, which, due to this fact, cannot be questioned by initiating felony proceedings, Mr Luthra additional submitted.
The Rs 360 crore which is in rivalry was allotted to the Division of Talent Entrepreneurship and Innovation by the state authorities, and included into the 2015-16 state funds, he stated, including that the identical was voted by the Legislature and therefore it will probably’t be questioned by initiating felony proceedings.
No position has been attributed to the accused within the official criticism and the police’s remand report on siphoning the funds, Mr Luthra argued. The First Info Report, or FIR, registered on December 9, 2021, additionally has no allegation in opposition to Mr Naidu, he stated.
“No felony criticism could be made and maintained referring to acts accomplished in discharge of official duties, and if there may be any misuse of funds at any degree, the identical must be dealt in a special method however not by means of prosecuting a Hon’ble Chief Minister,” Siddarth Luthra’s petition to the courtroom learn.
The TDP chief was arrested in reference to an alleged Rs 300-crore Talent Growth Company rip-off after a pre-dawn police operation at Gnanapuram in Nandyala on Saturday. He was arrested by the CID round 6 am from a wedding corridor, exterior which his caravan was parked.
Mr Naidu has been named the ‘principal conspirator’ within the case.