FiberNet ‘Scam’ | Supreme Court Cautions Chandrababu Naidu & State Against Public Commentary on Case

SUPREME COURT LAW INSIDER

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Published on: December 12, 2023 at 16:06 IST

The Supreme Court has instructed former Andhra Pradesh Chief Minister Nara Chandrababu Naidu and the state to refrain from making public comments on the FiberNet scam case.

The court directed that Naidu’s anticipatory bail plea related to the FiberNet scam be scheduled for hearing on January 17 at 3 PM.

The court had previously postponed the hearing to await the decision on Naidu’s quash petition in the skill development case.

A bench comprising Justices Aniruddha Bose and Bela M Trivedi heard Naidu’s special leave petition challenging the Andhra Pradesh High Court’s refusal to grant him anticipatory bail in the FiberNet scam case in October. The same bench had earlier reserved judgment in the skill development case on October 17.

Senior Advocate Ranjit Kumar, representing the State of Andhra Pradesh, accused Naidu of persistently making ‘political statements’ about the ongoing cases and his detention, despite a court order enjoining him from publicly commenting on the skill development case.

Last month, the Supreme Court had directed Naidu not to speak about sub judice matters related to the case in the public domain. However, the court declined to impose other bail conditions prohibiting him from organizing or participating in political events, conditions initially set by the high court but not extended when Naidu was granted regular bail.

Upon Kumar’s request, Justice Bose urged Senior Advocate Sidharth Luthra to ensure that Naidu refrains from making any statements about the FiberNet scam case in the public domain.

Luthra pointed out alleged remarks made by Andhra Pradesh’s additional advocate general regarding the criminal cases against Naidu, emphasizing the need to address the state’s conduct.

As tensions escalated, Justice Bose intervened, instructing both senior counsels to advise their respective clients to maintain public silence on pending cases, including the FiberNet scam case. The judge remarked, “The whole thing is going on a gentleman’s agreement. Both sides are being represented by gentlemen so…” With that comment, Justice Bose adjourned the hearing until January.

Background

Nara Chandrababu Naidu, the Telugu Desam Party president and former chief minister of Andhra Pradesh, faces allegations of involvement in the AP FiberNet scam during the TDP’s term.

The AP crime investigation department (CID) accuses him of pressuring officials to favor a company awarded the FiberNet contract, despite lacking necessary qualifications. Naidu, recently implicated in the 2021 case, contends that the charges are politically motivated.

Last month, the Andhra Pradesh High Court dismissed Naidu’s anticipatory bail plea, emphasizing the complexity of the investigative process.

Justice K. Suresh Reddy maintained that evidence did not support claims of motivated timing and underscored considering larger public interest in bail matters. Naidu was also arrested in connection with a skill development scam, with the state claiming evidence of embezzlement during the TDP’s rule.

The Andhra Pradesh High Court rejected Naidu’s plea to quash the FIR, ruling that prior sanction was unnecessary for the investigation. Naidu remains in custody.

Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr.

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