The Central Bureau of Investigation (CBI) on Tuesday claimed before the Delhi high court that it has the jurisdiction to register and investigate the disproportionate assets (DA) case against Himachal Pradesh Chief Minister Virbhadra Singh and his wife.
It, however, sought modification of the Himachal Pradesh high court’s October 1, 2015, order, restraining the agency from arresting, interrogating or filing a chargesheet against Singh, saying that the direction has ‘tied our hands completely’.
The CBI also sought dismissal of Singh’s plea to quash the FIR against him, saying his prayer was ‘frivolous and not maintainable’. “The CBI has all power to register a case and it has not violated any law nor has exceeded its jurisdiction by lodging a case against the accused persons (Singh and his wife),” the agency submitted before Justice Pratibha Rani.
The CBI was replying to Singh’s claim that it had overstepped its jurisdiction in filing the case. He also questioned how the CBI could raid his premises when the case was already pending before the Delhi high court, as also before the Income Tax tribunal and other tax authorities, where all documents relating to his returns were submitted.
The agency, represented by Additional Solicitor General PS Patwalia and CBI standing counsel Sanjeev Bhandari said it has the locus standi to probe the matter as some of the properties under question were also located in Delhi. After hearing the arguments, Justice Rani sought written legal submissions from both sides and listed the matter for February 25.
On November 5, the Supreme Court had transfered Singh’s plea from the Himachal Pradesh high court to the Delhi high court, saying it was not expressing any opinion on the merits of the case but “simply” transferring the petition “in the interest of justice and to save the institution (judiciary) from any embarrassment”.
The CBI had moved the Apex Court, seeking transfer of the case from Himachal Pradesh HC to Delhi HC and setting aside of the interim order, granting protection from arrest and other reliefs to Singh. The CM had filed a petition in the Himachal Pradesh HC, pleading that searches on his residence and other premises were conducted with “malafide intentions and political vendetta” by the central investigating agency.