CBI moves Apex Court against Himachal HC order on Virbhadra

The Central Bureau of Investigation (CBI) on Thursday moved the Supreme Court, seeking <g data-gr-id="31">urgent</g> hearing on its plea challenging the Himachal Pradesh high court’s order granting protection against possible arrest and other relief to <g data-gr-id="32">Chief</g> Minister Virbhadra Singh and his wife in a Disproportionate Assets (DA) case.

A Bench, headed by Chief Justice HL Dattu, agreed to hear the CBI’s two petitions on reopening of the court after the Dussehra break. The Bench, also including Justice Arun Mishra, however, refused to list the matter for hearing on Friday, saying it is not so urgent.

Additional Solicitor General PS Patwalia, appearing for the probe agency, said the High Court order has virtually stalled the investigation process by granting relief such as protection from arrest and no interrogation of the accused without its prior permission.

He said the High <g data-gr-id="26">Vourt</g> not only restrained the CBI from arresting the Chief Minister but also embargoed it from filing charge-sheet without its prior leave. The agency has filed a transfer petition and a special leave petition in the Apex Court, seeking <g data-gr-id="29">transferring</g> the case against Singh from Himachal Pradesh to New Delhi and setting aside of the order passed by the state High Court.

The Himachal Pradesh HC had on October 1 restrained the CBI from arresting Singh and his wife in the DA case but had allowed the enquiry in the matter to proceed. The court had also directed the CBI to keep it informed before interrogating the couple.

The chief minister had filed a petition in the High Court pleading that raids on his private residence and other premises were conducted with “<g data-gr-id="25">malafide</g> intentions and political vendetta” by the CBI.

Singh, in his petition, had alleged that the CBI had overstepped its jurisdiction in filing the case and questioned how the agency could raid his premises when the case was already pending before the Delhi high  court and also before the Income Tax tribunal and other Income tax authorities, where all documents relating to his returns have been submitted.

Singh had sought directions from the High Court to quash the FIR registered against him and his wife under Sections 13(2) and 13(1) (e) of Prevention of Corruption Act and Section 109 of the IPC by the CBI on September 23 in Delhi. The Delhi HC is also hearing a PIL filed by an NGO, Common Cause, alleging that Singh had received unaccounted money to the tune of nearly Rs 5 crore. It also referred to his revised IT returns for the years 2009-10, 2010-11 and 2011-12 and claimed that it showed an increase in agricultural income to the tune of Rs 6.10 crore.