Chandrababu Naidu's Case Hearing : Live Updates From Supreme Court [Day 3]

After discussing with the counsel, #SupremeCourt adjourns until Friday 2 PM, the hearing of the plea by former Andhra Pradesh CM N Chandrababu Naidu to quash FIR against him in a skill development scam case. 

Salve: Thursday?

Bose J: Not in same combination. Mr Salve, is Monday okay with you?

Salve: Can I suggest if my friend finishes on Friday, I can reply on Monday.

Rohatgi: Mr Ranjit Kumar, appearing for the state, will not be available on Friday.

Luthra says he will need to confer with Sr Adv Harish Salve about the next date of hearing -

"Let me come back at 2PM and let you know. Mr Salve has stepped out for another matter."

Bench rises.

Bose J: What we are thinking is that Friday at 2 PM.

Luthra: Your Lordships may finish it off today. It can be concluded today.

Bose J: What we can do is, after 2, we'll take up urgent matters...

Rohatgi: May not be possible to conclude. Let's do it on Friday. I'll have to answer queries of the court.

Luthra: Better on Thursday.

Rohatgi: Friday or Monday.

Rohatgi: No question of protection will arise in a case where misappropriation of public funds.

Bose J: How long will you take? We don't want to cut short...

Rohatgi: Maximum an hour.

Rohatgi refers next to Section 6 of General Clauses Act.

Trivedi J: This does not involve inquiry.

Rohatgi: That's true, but Your Lordships query was whether an FIR could be registered.

Rohatgi refers to S 468 of CrPC -

"If it's beyond 3 yrs of punishment, there's no limitation. This means there will have to be an FIR at some stage, investigation and charge-sheet, and then S 468."

Rohatgi refers to Art 20(1) of Constitution, also illustrates -

"Suppose someone has committed an offence and it is discovered years later. Law will say book him. There's no bar, except for where it's hit by limitation."

Trivedi J: Offences under S 13(1)(c) and S 13(1)(d)...No longer offence after 2018 amendment...

Rohatgi: No bar in any law in registering an FIR in relation to an offence that existed, notwithstanding its subsequent deletion.

Trivedi J: Please substantiate this.

Trivedi J: Can an FIR be registered for an offence which is no longer an offence under new act?

Rohatgi: If there's no limitation, yes. Unless there's a limitation, an offence committed at a particular time is not wiped out.