The Supreme Court on Monday intervened in a case concerning allegations of disproportionate assets against Congress leader Rahul Gandhi, directing the Allahabad High Court to defer proceedings. The apex court also ordered investigative agencies not to submit any reports to the high court related to a petition filed by a Bharatiya Janata Party (BJP) worker.
Information was available with The Chenab Times indicating that a three-judge bench, presided over by Chief Justice of India Surya Kant, issued notices to the BJP worker, S Vignesh Shishir, as well as the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The bench explicitly stated, “Meanwhile, no report shall be submitted by the CBI or the ED or any other authority to the high court pursuant to the impugmed orders. The high court shall defer the next date of hearing till further orders.” The bench, which included Justice Joymalya Bagchi and Justice V Mohana, raised questions about the Allahabad High Court’s decision to pass orders without affording Rahul Gandhi an opportunity to present his case, emphasizing the importance of natural justice principles.
Chief Justice Kant remarked that while police might not require permission for certain actions, courts are expected to adhere to natural justice principles when issuing directions. Representing the CBI, Additional Solicitor General SV Raju contended that the principles of natural justice do not apply at the pre-First Information Report (FIR) stage. However, the Supreme Court bench questioned the investigative agencies’ inaction, noting that if they possessed information regarding disproportionate assets, they could initiate action independently without court orders. The court inquired why the agencies had remained silent and if they required judicial direction for any suo motu action.
The case originated from a petition filed by S Vignesh Shishir, seeking an investigation into alleged disproportionate assets held by Rahul Gandhi and his family. In May, the Allahabad High Court had instructed the CBI to verify these allegations. Expressing dissatisfaction with the initial response from the CBI, the Lucknow Bench of the Allahabad High Court on July 20 mandated a senior CBI officer to personally submit a fresh affidavit detailing the progress of the probe into the allegations.
Rahul Gandhi’s petition to the Supreme Court challenges these high court orders and also seeks the transfer of the proceedings from the Allahabad High Court to the Delhi High Court. Senior counsel Kapil Sibal, representing Rahul Gandhi, argued that the proceedings before the Allahabad High Court constituted a “witch hunt through a process not recognised by law.” He questioned the locus standi and the bona fides of the petitioner, highlighting that the petitioner had repeatedly filed petitions against Gandhi and had allegedly suppressed a prior high court order critical of him. Sibal also alleged that sealed cover reports submitted by agencies in chambers were being leaked to the press.
ASG Raju, on behalf of the CBI, described the allegations as “very serious” but maintained that the agency was merely verifying the complaint and had not registered any FIR. S Vignesh Shishir, appearing virtually, opposed Gandhi’s petition, asserting that an accused does not have the right to be heard before an FIR is registered.
The Supreme Court’s intervention signals a significant development in the legal proceedings against the prominent Congress leader, emphasizing procedural fairness and the adherence to principles of natural justice in ongoing investigations.
❤️ Support Independent Journalism
Your contribution keeps our reporting free, fearless, and accessible to everyone.
Or make a one-time donation
Secure via Razorpay • 12 monthly payments • Cancel anytime before next cycle
(We don't allow anyone to copy content. For Copyright or Use of Content related questions, visit here.)
The Chenab Times News Desk
