VIJAYAWADA: The State government on Tuesday moved the Supreme Court against a High Court order granting bail to TDP supremo N Chandrababu Naidu in the Andhra Pradesh State Skill Development Corporation (APSSDC) scam case.
Seeking directions to set aside the High Court verdict, the State government submitted to the apex court that the accused (Naidu) is an ‘influential person’ and has helped two of his key associates (including a government servant) to flee the country.
“The accused is therefore clearly obstructing the conduct of investigation and, therefore, ought not to be granted bail,” the Special Leave Petition (SLP) read.
In its appeal filed through advocate Mahfooz Ahsan Nazki, the State government contended that the High Court has not only conducted a ‘mini-trial’, but has also ‘completely erred’, rendering findings that are completely contrary to the record.
Advocate Mahfooz Ahsan Nazki said, “The State of Andhra Pradesh is constrained to file the Special Leave Petition against the impugned judgment dated November 20, 2023 passed by the High Court. It 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.”
While referring to various SC verdicts, the State government said the practice of detailed elaboration of evidence in bail orders has been repeatedly deprecated by the apex court.
“A bare perusal of the findings would reveal that 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 appeal read.
Speaking to reporters, Additional Advocate General (AAG) Ponnavolu Sudhakar Reddy said they have approached the apex court as they feel that the bail order was not right and that the High Court has exceeded its limits.
“During arguments on the bail plea, we brought to the notice of the HC that the SC is seized of the matter regarding bail as it is part of Naidu’s quash petition. We had submitted that it was not proper for the High Court to take up hearing on the petition as the apex court has reserved its orders. At the time, I was told my objections were noted. Unfortunately, the same was nowhere to be found in the bail order,” he said.
Stating that the probe in the case was still underway, the AAG pointed out that even the Enforcement Directorate (ED) was investigating the matter.
Explaining that evidence are only submitted to the trial court, he said proof, including like note files raising objections over release of funds, forensic audit report establishing diversion of Rs 240 crore, was submitted to the High Court as well. “The HC conducted a mini-trial against the rules during the grant of bail,” he maintained.
While denying interim bail to Naidu on October 17, the Supreme Court had said that it would pronounce its verdict on his plea, challenging the HC order refusing to quash the FIR against him in the APSSDC case, after Diwali vacation.
