In a major relief to Rahul Gandhi, the Supreme Court on Monday directed the Allahabad High Court not to proceed with a disproportionate assets case against the Congress leader until the apex court hears his challenge to the high court order.
The Supreme Court also directed the CBI and the Enforcement Directorate not to file any report before the high court in pursuance of its directions in the case involving the Leader of Opposition in the Lok Sabha.
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 plea in the high court, as well as the CBI and the ED.
The bench directed the Allahabad High Court to defer the next hearing in the matter until the next date of hearing before the Supreme Court.
“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.
He questioned Shishir's locus to approach the high court and said the petitioner had not disclosed his credentials.
“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 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 appeared virtually and opposed Gandhi's plea, argued that the matter was at the pre-FIR stage.
“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.
Responding to this, Sibal 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.”
He also questioned how details of the case reached the media despite the proceedings being conducted in sealed cover.
“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 Bagchi also questioned the probe agencies' response.
“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.
The case stems from a petition filed by Shishir seeking a CBI and ED probe into allegations of disproportionate assets against Gandhi. He had earlier also filed pleas alleging that Gandhi held dual citizenship.
On July 20, the Lucknow bench of the Allahabad High Court, expressing dissatisfaction with the CBI's response, directed a senior agency officer to personally file a fresh affidavit detailing the progress of the inquiry.
The high court had observed that if the ED came across material indicating any illegality during its inquiry, it would be free to proceed in accordance with law.
The high court had also directed the CBI's joint director or head of the concerned zone at its Anti-Corruption headquarters in New Delhi to file the fresh affidavit before the next hearing. It had fixed August 20 as the next date of hearing.
The court had granted four weeks to the Union government to file detailed counter affidavits on behalf of the DoPT, Department of Revenue, Ministry of Corporate Affairs and the SFIO.
The entire case record has been kept in a sealed cover in the custody of the senior registrar. The high court has been hearing the matter in chambers rather than in open court, citing its sensitive nature.
(With inputs from PTI)