The Supreme Court on Monday granted interim relief to Congress leader and Leader of the Opposition in Lok Sabha, Rahul Gandhi, in a case concerning allegations of disproportionate assets. The top court asked the Allahabad High Court not to proceed with the matter for now and directed the CBI and Enforcement Directorate (ED) not to file any report in pursuance of the high court's earlier directions.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also issued notices to Karnataka resident S Vignesh Shishir, who had approached the Allahabad High Court, as well as the CBI and ED.
Supreme Court asks Allahabad HC to defer next hearing
The Supreme Court was hearing a plea filed by Rahul Gandhi challenging an Allahabad High Court order concerning the allegations against him. The top court directed the high court to defer its next hearing until the next date of hearing before the Supreme Court. The bench also asked the CBI and ED not to submit any report in pursuance of the directions issued by the high court. The matter involves allegations of disproportionate assets against Gandhi and has been before the Allahabad High Court's Lucknow bench.
Kapil Sibal calls case a ‘witch-hunt’
Senior advocate Kapil Sibal, appearing for Rahul Gandhi, strongly opposed the proceedings and questioned the basis of the case. “This is absolutely unknown to law. This is a witch-hunt process which is not recognised by law,” Sibal said, according to the proceedings. He also questioned the locus of S Vignesh Shishir to approach the high court and said the petitioner had not disclosed his credentials.
Sibal further argued that the CBI had so far only verified the complaint and questioned why the probe agencies had not taken independent action if the allegations were serious.
Supreme Court questions probe agencies
Additional Solicitor General S V Raju, appearing for the central probe agencies, told the court that the CBI and ED had no role in the case so far. The bench also questioned the position of the agencies during the hearing. Justice Joymalya Bagchi asked why the agency had remained inactive if the allegations were serious and questioned whether the CBI needed a court direction to act if a complaint disclosed a cognisable offence.
Chief Justice Surya Kant also observed that if a court decides to issue a direction, the principle of natural justice is expected to be followed.
Petitioner says it is a pre-FIR stage case
S Vignesh Shishir, who had approached the Allahabad High Court, appeared online during the Supreme Court hearing and opposed Gandhi's plea. He argued that the matter was still at the pre-FIR stage and claimed that an accused does not have a right to be heard at that stage. The petitioner had earlier approached the high court seeking a probe by the CBI and ED into allegations concerning Gandhi's assets.
What did Allahabad High Court order?
The Allahabad High Court's Lucknow bench had, on July 20, expressed dissatisfaction with the CBI's response and directed a senior officer of the agency to personally file a fresh affidavit detailing the progress of the probe. The high court had noted that the affidavit submitted by the CBI did not comply with its earlier order and did not adequately explain the progress made on the complaint submitted by the petitioner.
The court directed the joint director or head of the concerned zone at the CBI's Anti-Corruption headquarters in New Delhi to personally file the fresh affidavit.
Case proceedings were kept under sealed cover
The Allahabad High Court had directed that the entire case record remain in a sealed cover in the safe custody of the senior registrar. The bench had also been conducting the proceedings in chambers rather than in an open court, citing the sensitive nature of the matter. The High Court had fixed August 20 as the next date of hearing and granted four weeks to the Union government to file detailed counter affidavits on behalf of various departments and agencies, including the Department of Personnel and Training, Department of Revenue, Ministry of Corporate Affairs and Serious Fraud Investigation Office.
The Supreme Court's latest order means the Allahabad High Court proceedings will remain deferred for now, while the top court considers Rahul Gandhi's challenge to the high court's directions.
(With inputs from PTI)
Also read:
Rahul Gandhi gets Lok Sabha privileges panel notice over remarks against Home Minister Amit Shah
