‘Interpretation of Section 17A can’t defeat aim of PC Act’
VIJAYAWADA: While hearing the Special Leave Petition (SLP) of TDP chief and former Chief Minister N Chandrababu Naidu seeking to quash the FIR registered against him in the AP State Skill Development Corporation case, the Supreme Court on Monday asked if the court can adopt an interpretation of Section 17A of the Prevention of Corruption Act, 1988, which will defeat the objectives of the Act.
Section 17A was incorporated by an amendment with effect from July 26, 2018, and the provision stipulates a mandatory requirement for a police officer to seek prior approval from the competent authority for conducting any inquiry into any offence alleged to have been committed by a public servant under the Prevention of Corruption Act.
“While interpreting Section 17A, we have to see that the very objective of the Act to counter corruption does not get defeated. We cannot adopt an interpretation, that will frustrate its objective,” the SC observed. Naidu’s counsel Harish Salve said Section 17A strengthens the law as it allows a public servant to work freely without any fear of harassment.
He submitted that the inquiry against Naidu commenced in 2021 and hence Section 17A of the PC Act will be applicable to the case. He refuted the State government’s claim that the probe commenced before the 2018 amendment came into force. Further hearing in the case was adjourned to October 10.