New Delhi, Aug. 17: The Supreme Court on Monday directed the Allahabad High Court to defer its August 20 hearing in a petition alleging that Leader of Opposition Rahul Gandhi and members of his family possessed assets disproportionate to their known sources of income, and asked the CBI and the Directorate of Enforcement (ED) not to submit any report to the High Court in the meantime.
Questioning how directions could be issued to investigating agencies without affording Gandhi an opportunity of hearing, the top court also asked why the agencies, if they considered the allegations serious, had not proceeded suo motu instead of awaiting orders from the High Court.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the interim order while hearing Gandhi’s challenge to various orders of the High Court on a petition filed by BJP worker S. Vignesh Shishir.
Flagging the requirement of natural justice, CJI Kant observed that investigating agencies did not require permission from a court to act where an offence was disclosed. However, where a court proposed to issue directions affecting an individual, it was expected to follow the principles of natural justice and afford the person concerned an opportunity of hearing.
Justice Bagchi similarly questioned why the agencies had not acted independently if the material disclosed disproportionate assets. “If it is so serious, why has your agency kept quiet? Do you need a direction from the Court, Mr Raju? Have you taken any suo motu action? No, right?” he asked Additional Solicitor General S.V. Raju, appearing for the CBI.
Senior advocate Kapil Sibal, appearing for Gandhi, questioned RSS man Shishir’s locus and alleged that the proceedings amounted to a witch hunt.
“This is absolutely unknown to law. This is a witch hunt process which is not recognised by law. Attempts after attempt are being made by this very petitioner. What is the locus of the petitioner to move this writ petition? And his credentials, he doesn’t disclose it. May I only say, CBI has done nothing except verifying the complaint,” Sibal submitted.
Shishir, appearing before the Court, countered that the proceedings were at a pre-FIR stage where the accused had no right to be heard.
Sibal also questioned how details of what he described as sealed-cover proceedings had appeared in newspapers.
In May, the High Court had directed the CBI and ED to examine allegations made by Shishir against Gandhi and members of his family. On July 20, expressing dissatisfaction with the CBI’s response, it directed the agency to file a fresh affidavit detailing the progress of its inquiry and posted the matter for August 20.
Gandhi subsequently approached the Supreme Court challenging these directions and also filed a separate petition seeking transfer of the proceedings from the High Court to the apex court.
Shishir is also pursuing a separate case before the High Court alleging that Gandhi possessed a British passport in addition to his Indian passport. That matter remains pending.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
