VidhiSangh

Supreme Court of India · 16/01/2024

NARA CHANDRABABU NAIDU versus STATE OF ANDHRA PRADESH & ANR.

[2024] 1 S.C.R. 549 · 2024 INSC 41

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Summary

The judges disagreed whether Section 17A of the Prevention of Corruption Act applied to post-2018 investigation of alleged offences committed before its enactment, and what effect the absence of prior approval had on the proceedings. The matter was referred to the Chief Justice of India for consideration of a larger Bench.

Issues

  1. Whether Section 17A of the Prevention of Corruption Act applies to an inquiry or investigation commenced after 26 July 2018 into alleged acts committed before that date under provisions later amended or deleted.
  2. Whether the absence of approval under Section 17A invalidated the proceedings against the appellant under the Prevention of Corruption Act, the related IPC charges, or the Special Judge’s remand order.

Provisions considered

Held

Result

The judges expressed contrary opinions on Section 17A’s interpretation and application and referred the matter to the Chief Justice of India for consideration of constitution of a larger Bench.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 549.