Supreme Court Judge SVN Bhatti on Wednesday recused himself from hearing former Andhra Pradesh chief minister N Chandrababu Naidu's petition for quashing the FIR against him in the alleged Rs 371 crore scam in the state's Skill Development Corporation.
N Chandrababu Naidu. File Pic
Supreme Court Judge SVN Bhatti on Wednesday recused himself from hearing former Andhra Pradesh chief minister N Chandrababu Naidu's petition for quashing the FIR against him in the alleged Rs 371 crore scam in the state's Skill Development Corporation.
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As soon as the matter came before a bench of Justices Sanjiv Khanna and SVN Bhatti for hearing, the former said, "My brother has little difficulty in hearing this matter. We are directing it to be listed before another bench next week."
Senior advocate Siddharth Luthra, appearing for Naidu, said he be permitted to mention the plea before a bench headed by Chief Justice DY Chandrachud for an urgent hearing.
"You may do so. Should we pass over this matter to be taken up later?" the bench told Luthra.
Senior advocate Harish Salve, also representing Naidu, said if the bench is not hearing the matter, then passing it over may not help, and the court may directly list it next week.
Justice Khanna said the bench cannot directly list it on a specific date but may order its listing next week.
"Subject to orders of the Chief Justice, the present special leave petition be placed before a bench of which one of us (Justice Bhatti) is not a member," the bench said.
The top court is on holiday from Thursday and will reopen on October 3.
Naidu was arrested on September 9 for allegedly misappropriating funds from the Skill Development Corporation when he was the chief minister in 2015, causing a purported loss of Rs 371 crore to the state exchequer. His judicial remand has been extended by the trial court till October 5.
The CID in its remand report alleged Naidu "indulged in a criminal conspiracy with the intention of fraudulent misappropriation or otherwise conversion of government funds for his own use, disposal of property which was under the control of a public servant, besides engaging in cheating, forging documents and destroying evidence".
Naidu, also the Telugu Desam party chief, had moved the top court on September 23 challenging the Andhra Pradesh High Court order dismissing his petition for quashing the FIR against him in connection with the alleged scam. On September 25, the top court asked Naidu's lawyer to mention his petition for urgent listing on Tuesday.
The high court had rejected his plea last Friday. While dismissing his petition for quashing the FIR, the high court had noted it was devoid of merit and said the court was not inclined to interfere at this stage when the investigation was still going on. The high court had observed that police have the statutory right and duty under the relevant provisions of the CrPC to investigate a cognisable offence.
It had also said the power of quashing an FIR should be exercised sparingly with circumspection. Noting that criminal proceedings ought not to be scuttled at the initial stage, the high court had said quashing an FIR should be an exception rather than the rule.
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