Former director of Central Bureau of Investigation (CBI) M Nageshwar Rao has opined that the Andhra Pradesh Crime Investigation Department authorities might have made a mistake by arresting Telugu Desam Party president N Chandrababu Naidu without following the due procedure.
In a statement on social media, Nageshwar Rao said he would not go into the merit of the case at this stage but felt that the authorities had not followed the due process of law in arresting Naidu in the skill development corporation scam.
According to Rao, Section 17A (c) of the Prevention of Corruption Act, 1988, which was comprehensively amended by Parliament in 2018, clearly says that the police should take the prior approval of the Governor of the state, if they have to arrest a public servant including the former chief minister.
“The Governor is the competent authority to accord sanction for taking up inquiry, enquiry or investigation against the serving and former CMs & Ministers of AP under section 17A(c) of PC Act,” he said.
The former CBI director said it was important to know whether the CID authorities had obtained the previous approval of the Governor of AP, and if so, he should be asked to furnish a copy of it to Naidu or his representative forthwith.
“If such a sanction of Governor of AP was not obtained, then the entire enquiry or investigation is void ab initio, and the arrest of Naidu amounts to wrongful confinement, and public servant disobeying the direction of law,” he said.
In such a case, action can be taken against such officers under sections 342 & 166 IPC respectively in addition to offences under other provisions of law.
He said the arrest of Naidu was not only improper but also the sinister design and mala fides in it are blatantly and patently evident.
