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

Trivedi J: This is settled law. But, their argument is that if PC Act goes, then there will be no reliance on S 4(3). Very foundation of going to special court will also go, and so will remand order.

Rohatgi reads out from A Sreenivasa Reddy -

"Thus, although in the present case, the appellant has been discharged from the offences punishable under the PC Act, 1988 yet for the IPC offences, he can be proceeded further in accordance with law."

Rohatgi: What happens when Prevention of Corruption Act goes and only offences under the Indian Penal Code remain? There's a direct judgment on this point.

Refers to A Sreenivasa Reddy (2023).

Trivedi J: They are saying, if PC Act goes, then S 4(3) will also not apply.

Rohatgi: This court has held that where there is an amalgamation of offences, then special judge will be able to try non-PC offences, if PC Act goes.

Rohatgi: What happens where there's a PC Act and IPC offences? If allegations involve both, u/S4(3), special judge will have jurisdiction to try both. Assuming PC Act goes out, what happens? Not saying that it will...

Rohatgi refers to #AndhraPradeshHC's ruling dismissing Naidu's quashing plea -

"Earlier allegation will be governed by earlier law, and not S 17A of Prevention of Corruption Act, 1988. That's the submission."

Rohatgi referring to important dates -

"[Naidu] files a S 482 petition (for quashing) within days of his arrest. Investigation qua him has barely started. The idea is to scuttle it in two days."

Sr Adv Mukul Rohatgi begins his submission with a brief conspectus of the timeline of the case -

"Offences predate 2018 amendment to the PC Act. Also, not a case of political vendetta because FIR was registered in 2021. In 2023, [Naidu] was added as an accused when material surfaced."

Sr Adv Sidharth Luthra: In MP, some go to sessions court, but otherwise...

Trivedi J: Even in MP, magistrate has to take cognizance.

Salve: That's right. (Salve concludes)

Bose J: Are all these magistrate-triable offence?

Salve: Question of trying comes later. But at this stage...My friend says they are all magistrate-triable offences.