sc-order-allahabad-hc-to-defer-case-over-rahul-gandhi-s-assets

 

The Supreme Court on Monday ordered the Allahabad High Court to defer proceedings before it in a petition filed by a BJP worker alleging that Leader of Opposition Rahul Gandhi possesses assets disproportionate to his known sources of income.

 

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana also ordered the Central Bureau of Investigation (CBI) or any other authority not to submit any report to the High Court in the meantime.

 

During the hearing, the Court asked why the High Court passed orders in the case without giving Gandhi an opportunity of hearing."Suppose somebody commits murders, etc. police does not need permission. But what appears to us is, subject to the assistance provided to us from both sides, if the Court wants to issue a direction, the courts are expected to follow the principle of natural justice," the CJI remarked.

 

The Bench also said that if any agency has knowledge of any disproportionate assets belonging to any individual, it can proceed on its own and the same does not require court orders.

 

In this particular case, the agencies have not taken any action on their own, the Court noted."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?" Justice Bagchi asked Additional Solicitor General SV Raju who was appearing for CBI.

 

 

In May, the High Court directed the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to verify the claims made by BJP worker S Vignesh Shishir, who has sought probe against Gandhi and other members of his family.

 

Last month, the High Court asked the CBI to file a fresh affidavit detailing the status of its inquiry. Expressing dissatisfaction with the CBI's response, the High Court in its July 20 order observed, Gandhi then challenged these directions before the apex court.

 

Senior Advocate Kapil Sibal, appearing for Gandhi, pointed out that the present petitioner has no locus in the matter and the petitioner has not disclosed his credentials.Sibal alleged that the petition before the High Court is a witch hunt process.The Court then flagged the fact the High Court did not hear Gandhi before passing any orders against him.The Court then proceeded to pass an interim order in favour of Gandhi by deferring the proceedings.