Breaking: Andhra Pradesh High Court Grants 4-Week Interim Bail to Former AP CM Chandrababu Naidu to Undergo Eye Surgery

Chandrababu Naidu Granted Interim Bail by AP High Court

In a significant development today, the Andhra Pradesh High Court has granted a four-week interim bail to former Chief Minister Chandrababu Naidu on medical grounds. The former Chief Minister has been lodged in Rajamundry Jail for over 50 days in relation to the Skill Development Scam case.

Naidu was arrested on 9th September, with the State's Crime Investigation Department asserting that they had prima facie evidence pointing to Naidu's central role in the alleged embezzlement of approximately ₹371 crore from the Andhra Pradesh Skill Development Corporation. The embezzlement reportedly took place through fictitious companies during the Telugu Desam Party's tenure between 2014 and 2019.

Medical Conditions Considered for Bail

Chandrababu Naidu had claimed that he was recommended to undergo eye surgery as far back as June. The High Court noted that "it would be unreasonable for a prudent individual to seek cataract surgery solely for obtaining bail." The Court further stated that considering the petitioner's age, it is quite probable for him to suffer from such ailments, thus granting him interim bail.

Court's Opinion

While the learned Additional Advocate General suggested that the petitioner appear before a Medical Board, the Court did not find it necessary to compel Naidu for the same. The Court also cited that there was no material casting doubt on the authenticity of the medical certificates provided by Naidu.

Conditions of Bail

The High Court has stipulated five precise conditions under which the interim bail has been granted, as enumerated in the operative part of the judgement.

Legal Complexity: Balancing Jurisdiction and Humanitarian Grounds Amid Ongoing Supreme Court Proceedings

Today's ruling is poised to ignite debates over the equilibrium between political accountability and compassionate considerations, particularly for senior politicians mired in legal complexities. The development is noteworthy as it comes while Mr Chandrababu Naidu's Special Leave Petition (SLP) is still pending in the Supreme Court. In this SLP, where the judgement is reserved post detailed arguments, the former Andhra Pradesh Chief Minister contends that his arrest, along with the FIR and ensuing investigation, are illegal and void. He argues this on the basis of an absence of mandatory sanction from the Competent Authority under section 17-A of the Prevention of Corruption Act, 1988—a provision added by the Parliament effective from 26th July 2018.

While High Courts generally abstain from entertaining interim bail applications on medical grounds when a matter is sub judice at the Supreme Court level, this case stands as an exception. According to independent legal experts, although unusual, the Andhra Pradesh High Court's decision to entertain this petition and grant relief is neither illegal nor improper. The experts point out that the issues dealt with by the High Court and the Supreme Court are, strictly speaking, distinct, thereby justifying the High Court's intervention.

Anticipation Builds for Supreme Court Ruling on Section 17A Sanction and Its Retroactive Application

The Supreme Court's forthcoming judgement is keenly anticipated within legal circles, as it is set to definitively determine whether a Section 17A sanction is requisite for alleged offences that transpired prior to 26th July, 2018, but where the inquiry or investigation concerning an individual commenced only thereafter. Eminent Senior Advocates of the country, including Mukul Rohatgi representing the Andhra Pradesh Government, as well as Harish Salve and Siddharth Luthra Senior Advocates for the former Chief Minister, have made comprehensive arguments in proceedings that spanned several days.

Fresh FIR Clouds Chandrababu Naidu's Prospects of Immediate Release

Meanwhile, the Andhra Pradesh Crime Investigation Department has filed a fresh FIR against former Chief Minister and TDP National President Chandrababu Naidu, further implicating him in an alleged liquor scam from his previous term. Lodged on October 28, 2023, by CID Mangalagiri police under the Prevention of Corruption Act 1988, the complaint comes from the Commissioner of Distilleries and Breweries and the Managing Director of the Andhra Pradesh State Beverages Corporation. In this emerging case, bureaucrat I.S. Naresh is the primary accused, followed by former Minister and TDP senior leader Kollu Ravindra, with Mr. Naidu as the third named individual. The FIR additionally names other known and unknown public servants as accused. Amidst these developments, the likelihood of Chandrababu Naidu's release from jail this evening remains uncertain, as his potential arrest in the new case cannot be ruled out.