The Lucknow bench of the Allahabad High Court sought responses from multiple central agencies including the CBI and Enforcement Directorate (ED) in connection with the allegations of disproportionate assets against Congress MP from Raebareli and Leader of Opposition in Lok Sabha Rahul Gandhi.
The court directed both the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and the Serious Fraud Investigation Office (SFIO), along with other departments concerned, to file their replies verifying the allegations levelled against Gandhi within eight weeks in a complaint submitted by Karnataka BJP worker S Vignesh Shishir. The court posted the matter for next hearing on July 20.
The division bench, comprising Justice Rajesh Singh Chauhan and Justice Zafeer Ahmad, passed the order on Tuesday on a criminal writ petition moved by Shishir.
During the in-Chamber hearing, counsel for the CBI informed the Court that the agency had received the petitioner's complaint and would file a response within 8 weeks.
Similarly, the counsel for the ED also informed the Bench that the ED had received the complaint and may verify the allegations. Thereafter, the progress, thereof, might be apprised to the Court. In Its four-page order, the bench observed that it was expected that if the complaint of the petitioner was received, the allegations of the complaint may be verified as per the law.
“It is needless to say that the CBI or ED may take appropriate steps which are permissible under the law", said the court.
After hearing the parties and perusing the material on record, the Court directed all parties (including the newly-impleaded opposite parties) to file a response within eight weeks.
The petitioner, appearing in person, also filed an application for impleadment vis-à-vis the Union of India through its Secretary, Department of Personnel and Training (DoPT); the Union of India through its Secretary, Department of Revenue, Ministry of Finance; and the Secretary, Ministry of Corporate Affairs.
The petitioner apprised the Court that those departments were necessary parties and showed the reasons as to why they should be impleaded. Finding it proper, the Court allowed the impleadment application.
Additionally, the Central Government Counsel informed the Court that he received oral instructions from the Director, Serious Fraud Investigation Office (SFIO). He requested some time to file a counter-affidavit regarding the contents of the writ petition, which relate to it.
During the hearing, when petitioner Shishir was queried about the maintainability of the prayers in the petition, he referred to certain case laws and judgments to submit that he may seek those reliefs by filing a writ petition under
Article 226 of the Constitution of India. The petitioner has alleged that Rahul Gandhi and members of his family possessed assets disproportionate to their declared income. The plea has sought an impartial investigation by central agencies into the allegations.
The bench said that his submission would be tested after receiving the counter-affidavits of the respective parties and the rejoinder affidavits thereof. Furthermore, the Court ordered that the paper-book and the loose documents provided by the petitioner be kept in a sealed cover in terms of the earlier order.
During the upcoming hearing, the court would first examine the maintainability of the petition — determining whether the plea is legally fit for detailed consideration. Further legal proceedings will depend on the outcome of that assessment
