New Delhi [India], August 17 (ANI): The Supreme Court on Monday restrained the CBI, ED or any other investigating agency from submitting any report before the Allahabad High Court in a case concerning allegations of disproportionate assets against the Leader of Opposition in the Lok Sabha, Rahul Gandhi.
A bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana also asked the Allahabad High Court to defer its August 20 hearing in the case till the apex court hears the matter next.
The bench further issued notice to Shishir on the plea of Gandhi against the High Court order.
Karnataka-based BJP worker S Vignesh Shishir had made allegations against Gandhi that he possesses assets disproportionate to his known sources of income and had sought a probe against him and other members of his family.
During the hearing, senior advocate Kapil Sibal, appearing for Gandhi, alleged that the petition before the High Court is a witch-hunt process.
"This is a witch hunt process which is not recognised by law. This is most unfortunate. Attempts after attempt are being made by this very petitioner. What is the locus of the petitioner to move this writ petition?... CBI has done nothing except verifying the complaint," Sibal said.
Justice Bagchi said that the issues raised in the petition were not something that requires court orders for the agencies to investigate, and they are empowered to probe their own.
"Suppose somebody commits murder, etc.; the police does not need permission. But what appears to us is, subject to the assistance provided to us from both sides, if the court wants to issue a direction, the courts are expected to follow the principle of natural justice," the CJI remarked.
It asked Additional Solicitor General SV Raju, who appeared for the CBI, "If it is so serious, why has your agency kept quiet? Do you need a direction from the Court, Mr Raju? Have you taken any suo motu action? No, right?"
The High Court in May had directed the Central Bureau of Investigation and the Enforcement Directorate to examine and verify the allegations and apprise it of the progress in the matter.
Gandhi has challenged the High Court's directions before the apex court, questioning the process initiated on the basis of Shishir's complaint alleging that he possessed assets beyond his known sources of income.
He has also separately sought transfer of the proceedings from the Allahabad High Court to the Delhi High Court.
While considering the case on July 20, the High Court found the CBI's affidavit unsatisfactory and asked it to file a fresh affidavit detailing the status of its inquiry.
The High Court had noted that the ED had taken the steps required of it and clarified that the agency would be at liberty to initiate appropriate legal proceedings if its investigation yielded any actionable information.
The matter was thereafter listed for further hearing on August 20 by the High Court. (ANI)
SC restrains CBI, ED from filing report before Allahabad HC on Rahul Gandhi's plea in disproportionate of assets case
