SC Asks Allahabad HC To Defer Disproportionate Assets Case Against Rahul Gandhi

The Supreme Court on Monday asked the Allahabad High Court to defer proceedings in a case alleging disproportionate assets against Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi and directed the CBI and ED not to file any report pursuant to the high court’s directions.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took note of submissions by senior advocate Kapil Sibal, appearing for Gandhi, and issued notices to Karnataka resident S Vignesh Shishir, who had filed the petition in the high court, as well as the CBI and ED. The bench was hearing Gandhi’s plea challenging the high court order directing the probe agencies to verify the allegations against him.

The Supreme Court directed the Allahabad High Court to defer its next hearing in the matter until the apex court hears the case next. The high court treated the matter as part-heard and fixed August 20 as the next date of hearing.

“This is absolutely unknown to law. This is a witch-hunt process which is not recognised by law. This is most unfortunate. Attempts after attempt are being made by this very petitioner,” Sibal said at the outset.

Sibal questioned Shishir’s locus to approach the high court and said the petitioner had not disclosed his credentials. He also submitted that the CBI had so far only verified the complaint.

“May I only say, the CBI has done nothing except verifying the complaint,” the senior lawyer said.

Additional Solicitor General S V Raju, appearing for the central probe agencies, said the CBI and ED had no role in the matter so far. He added that if the complaint disclosed the commission of cognisable offences, the allegations would be serious.

“We are not concerned with that… Suppose somebody commits murder, etc., police do 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, it is expected to follow the principle of natural justice,” the CJI said.

Shishir, who had approached the Allahabad High Court against Gandhi, appeared online and opposed the Congress leader’s plea before the Supreme Court.

“This is a simple pre-FIR stage case… The accused doesn't have any right to be heard in the pre-FIR stage,” he said.

“Facts may be right, facts may be wrong. But if the facts are right, it's a gross case to use the court's jurisdiction,” Sibal said.

He also questioned how details of proceedings that were being conducted under sealed-cover arrangements had reached the media.

“The other thing is these are sealed cover procedures. How do newspaper reports happen? It's a sealed cover procedure. The judges should have asked how it came in newspapers,” Sibal asked.

Justice Joymalya Bagchi also questioned the probe agencies’ response to the allegations.

“If it is so serious, why has your agency kept quiet? Do you need a direction from the court… Have you taken any suo motu action? No, right?” Justice Bagchi asked the law officer representing the probe agencies.

According to PTI, the Allahabad High Court’s Lucknow bench had on July 20 expressed dissatisfaction with the CBI’s response and directed a senior officer of the agency to personally file a fresh affidavit detailing the progress made in the probe into allegations of disproportionate assets against Gandhi.

The high court had also said that if the ED came across material or documents during its inquiry indicating any illegality, it would be free to proceed in accordance with law.

PTI reported that the high court was hearing a criminal writ petition filed by Shishir seeking an investigation by the CBI and ED into allegations of disproportionate assets against Gandhi. The order was passed after an in-chamber hearing lasting nearly two hours.

Gandhi had subsequently approached the Supreme Court challenging the high court’s order, which had directed the CBI and ED to verify the allegations against him.

Shishir had earlier filed petitions alleging that Gandhi held dual citizenship.

The Allahabad High Court had observed that the affidavit submitted by the CBI did not comply with its earlier order and did not adequately explain the progress made on the complaint concerning Gandhi’s assets. It consequently directed the joint director or head of the concerned zone at the CBI’s Anti-Corruption headquarters in New Delhi to personally file a fresh affidavit before the next hearing.

The affidavit was to detail the progress made in the matter. The high court treated the case as part-heard and scheduled the next hearing for August 20.

PTI also reported that the high court gave the Union government four weeks to submit detailed counter affidavits on behalf of the Department of Personnel and Training, the Department of Revenue under the Ministry of Finance, the Ministry of Corporate Affairs and the Serious Fraud Investigation Office.

The court further directed that the entire case record remain in a sealed cover in the safe custody of the senior registrar, in accordance with its earlier orders.

The high court bench has not been conducting the proceedings in open court, citing the sensitive nature of the matter.