SC stays Allahabad HC order in Rahul Gandhi's assets case
What's the story
The Supreme Court has asked the Allahabad High Court to hold off on a case involving Congress leader Rahul Gandhi's alleged disproportionate assets, Bar and Bench reported. The case was filed by Bharatiya Janata Party (BJP) worker S Vignesh Shishir, who claimed that Gandhi's assets exceed his known sources of income. The apex court also directed the Central Bureau of Investigation (CBI) and other authorities not to submit any reports in this matter for now.
Court proceedings
Why Allahabad HC passed orders without hearing Gandhi: CJI Kant
The Supreme Court bench, headed by Chief Justice of India (CJI) Surya Kant, questioned why the Allahabad High Court passed orders without hearing Gandhi.
The bench observed that courts should adhere to the principle of natural justice.
CJI Kant said if any agency knows about disproportionate assets of a person, they can act independently without court directions.
Legal arguments
Petition against Gandhi a 'witch hunt process': Sibal
Senior Advocate Kapil Sibal, representing Gandhi, argued that Shishir, the petitioner, has no locus standi in the matter and hasn't disclosed his credentials.
He called the petition a "witch hunt process" not recognized by law.
The bench also noted that the High Court didn't hear Gandhi before passing orders against him.
Investigation progress
High Court directed CBI, ED to probe allegations
In May, the Allahabad High Court had directed the CBI and Enforcement Directorate (ED) to probe Shishir's allegations against Gandhi and his family.
However, the court expressed dissatisfaction with the CBI's response in July, asking for a fresh affidavit on its inquiry status.
The ED was allowed to proceed further if warranted by its investigation findings.
Counter claims
Issues raised in Shishir's petition don't require court orders
Shishir argued that this is a pre-FIR stage case where the accused need not be heard. He also asked how confidential procedures were leaked to newspapers.
Justice Joymalya Bagchi said issues raised in Shishir's petition don't require court orders for investigation, adding agencies can probe suo motu.
In another pending petition, Shishir sought criminal action against Gandhi for alleged violations of citizenship laws, claiming that the Congress leader held a British passport in addition to his Indian one.