CBI has not followed due process in DA probe: HP CM's wife to court
Himachal Pradesh Chief Minister Virbhadra Singh's wife on Monday alleged that the CBI has not followed the due process in its probe into a disproportionate assets case and urged a city court not to take cognisance of the charge sheet filed against them.
Special Judge Virender Kumar Goyal, thereafter, sought the CBI's response on Pratibha Singh's plea by May 1.
The plea stated that the court should first decide whether the material relied upon by the CBI in its final report, which was reportedly collected during its probe in the state without taking the Himachal Pradesh government's approval, can be considered for the purpose of cognisance by the judge or not.
"The consent of the concerned state is mandatory per- requisite for the CBI to derive jurisdiction to carry out investigation in any area within the territory limit of the state," the plea said.
The plea, moved through advocate Vijay Aggarwal, said that no power can be exercised by any member of the CBI in an area falling within the territorial boundaries of a state without the consent of the government of that state.
"It is a pre-condition for the CBI to assume jurisdiction. Since there is no consent granted by the state government of Himachal Pradesh to the CBI to investigate the case in question, the CBI had no jurisdiction to probe the offences against the applicant persons (those arrayed by CBI as accused in the charge sheet) in any area within the state," he said.
He said the issue was liable to be decided by the special court before taking cognisance of the charge sheet.
The court was hearing the matter in which the CBI had filed a charge sheet against the Chief Minister claiming that he had amassed assets worth Rs 10 crore which were disproportionate by 192 per cent to his total income during his tenure as a Union Minister.