Supreme Court seeks Virbhadra’ reply on CBI plea agnst Himachal HC order

The Supreme Court on Monday sought responses from Himachal Pradesh Chief Minister Virbhadra Singh and others on two petitions filed by CBI against the High Court order granting protection from arrest and other relief to him and his wife in a disproportionate assets case.

A bench of justices F M I Kalifulla and U U Lalit issued notice to Singh and others including the state government and fixed the petitions of CBI for hearing on November 5.

The bench, however, did not grant interim stay on the October one order of the Himachal Pradesh High Court.

Attorney General Mukul Rohatgi, appearing for CBI, started advancing arguments with the assertion that one of the judges of the High Court bench, which has granted the relief, had earlier recused from hearing a case, involving the Chief Minister, on the ground that he (leader) was once his client.

“You cannot pick and choose cases for recusal or hearing,” Rohatgi said and referred to the newspaper reports and the recusal order passed earlier by the high court bench comprising then Chief Justice Kurian Joseph (now a SC Judge) and Justice Rajiv Sharma. “This learned judge is on record that he will not hear the case as he (Singh) was his client. The learned judge should have said so in this matter as well,” he said.

The CBI has filed a transfer petition and a special leave petition in the apex court seeking transfer of the case against Singh from Himachal Pradesh to Delhi and setting aside the order passed by the state high court, respectively.

Rohatgi assailed the high court order and sought suspension of the order and transfer of the case to Delhi on grounds including that a judge, who had once recused himself from hearing a case involving Singh, later heard the present matter, the fact that the accused is the Chief Minister and lastly the Delhi High Court has been monitoring the case.

He referred to the content of the High Court order and said that it has virtually stalled the investigation process by granting relief such as protection from arrest and no interrogation of accused without its prior permission. 

The Attorney General also said that the high court not only restrained CBI from arresting the Chief Minister but also put a rider that its prior leave must be taken before filing charge sheet.

“If an investigating agency will not interrogate an accused in a DA case under the CrPC then what would it do. I have a statutory duty,” he said, adding that a 26-page interim order was passed on the first day of the hearing and “these proceedings are tainted with bias”.

Senior advocates Kapil Sibal and P Chidambaram opposed the contention of the Attorney General and said that instead of news reports, the earlier order should be read carefully.

At one stage, Sibal contended that the judge concerned had recused from a case relating to cricket stadium and not from a case lodged under the Prevention of Corruption Act. Rohatgi, however, opposed the contention.

The court has now fixed the matters for hearing on November 5. The High Court had on October 1 restrained CBI from arresting Singh and his wife in the DA case but had allowed the enquiry in the matter to proceed.