The Supreme Court on Friday adjourned till January,
2025, the hearing on an appeal filed by the Andhra Pradesh government against
the order of bail to Chief Minister N Chandrababu Naidu in the skill
development corporation scam case.
A bench of Justices Bela M Trivedi an S C Sharma
deferred the matter after senior advocate Mukul Rohatgi, appearing for the
state government, sought the adjournment.
"There is no point in adjourning the matter
from time to time. By way of a last opportunity list in the second week of
January," the bench said.
Seeking a direction to set aside the bail, the state
government called Naidu an "influential person" alleging he ensured
that two of his key associates (including a government servant) flee the
country.
"The accused is therefore clearly obstructing
the conduct of the investigation and, therefore, ought not to be granted
bail," its plea stated.
On November 20, 2023 the Andhra Pradesh High Court
granted bail to Naidu while noting the discretion to grant bail should be
exercised judiciously in a "humane and compassionate" manner.
The state government, in its appeal, said the high
court in its 39-page verdict not only conducted a "mini trial" but
also "completely erred" in rendering findings completely contrary to
the record.
The appeal filed through advocate Mahfooz Ahsan
Nazki said, "The state of Andhra Pradesh is constrained to file the
present special leave petition against the impugned judgment dated November 20,
2023 passed by the High Court of Andhra Pradesh at Amaravati." The
plea further said, "The high court, in a bail matter, has delved deep into
facts of the case and has rendered findings that are not only factually
incorrect but are also likely to prejudice the court below during the trial." While
referring to various apex court verdicts, the state government said the
practice of a "detailed elaboration" of evidence in bail orders was
repeatedly deprecated by the top court.
"A bare perusal of the findings would reveal
that the high court has exceeded its jurisdiction by conducting a mini trial
and rendering findings on merits. This, it is most respectfully submitted,
ought not to be allowed," it added.
The high court converted Naidu's four-week interim
medical bail into an absolute bail, ordering his release on account of his age,
ailments, non-flight risk and other factors.
It said the interim bail conditions, refraining him
from making any public comments over the skill development corporation case or
organising or participating in public rallies and meetings, would continue to
be in force till November 28, and will be relaxed from November 29.
The high court further directed Naidu to produce his
medical reports to a special court in Vijayawada on or before November 28
instead of submitting it to the superintendent of Rajamahendravaram Central
Prison.
The high court, however, was not convinced by
Naidu's claim that the case was politically motivated as a revenge by the
incumbent government.
He was arrested on September 9 and released on
interim medical bail on October 31 after being accused of misappropriating
funds from the skill development corporation, resulting in a purported loss of
over Rs 300 crore to the state exchequer.