In Brief
The appellant, former Chief Minister of Andhra Pradesh, was implicated in a criminal case involving the alleged siphoning of Rs. 370 crores from a skill development project through shell companies. He challenged the FIR and remand order, arguing that the investigation violated Section 17A of the Prevention of Corruption Act, 1988, which requires prior approval from the government before investigating public servants for offences related to official decisions. A two-judge bench delivered split judgments. Justice Bose held Section 17A applies retroactively to ongoing investigations and the absence of prior approval renders PC Act proceedings illegal, though IPC proceedings may continue. Justice Trivedi held Section 17A applies only prospectively to offences amended in 2018, not to pre-amendment offences, and absence of approval does not vitiate proceedings. The matter was referred to the Chief Justice for constitution of a larger bench to resolve the conflicting interpretations.
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