Leader of Opposition in the Lok Sabha Rahul Gandhi on Monday secured interim relief from the Supreme Court in a case concerning allegations of disproportionate assets, with the apex court issuing notice
on his plea challenging an Allahabad High Court order directing the CBI and Enforcement Directorate (ED) to verify the allegations.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana directed the CBI and ED not to submit any report in the matter for now. The Supreme Court also directed the Allahabad High Court to defer further hearings in the case until further orders.
The Supreme Court said it wanted to examine the matter because directions had been issued by a court, raising questions about the manner in which the investigative agencies had been asked to proceed.
During the hearing, the bench also stressed the importance of natural justice, observing that courts are expected to follow principles of fairness while dealing with such proceedings.
When the CBI raised objections to the Supreme Court examining the matter, the bench questioned the agency’s position. The court indicated that if the CBI had not initiated the process on its own and had instead acted because of directions issued by the High Court, the Supreme Court was entitled to examine the circumstances in which those directions were passed.
“If you didn’t start this suo motu, let us examine,” the bench observed, adding that if an agency had been compelled to act by a court, the Supreme Court should hear the challenge.
The controversy stems from proceedings before the Lucknow Bench of the Allahabad High Court over a petition filed by Karnataka-based BJP worker S Vignesh Shishir. The petitioner had sought an investigation into allegations that Gandhi possessed assets disproportionate to his known sources of income.
On July 20, the Allahabad High Court had directed the CBI to verify the allegations and had also permitted the ED to take appropriate action if its inquiry found evidence of any illegality. The High Court had expressed dissatisfaction with the CBI’s response and directed a senior officer to file a fresh affidavit detailing the progress of the inquiry.
Gandhi subsequently approached the Supreme Court, challenging the High Court’s directions and questioning the manner in which the proceedings had been conducted. He had also sought transfer of the matter to another court, citing concerns over fairness and the need to preserve confidence in the judicial process.
The Supreme Court has agreed to examine his challenge to the High Court’s directions while putting the proceedings before the Allahabad High Court on hold for the time being. The matter will now be considered further by the Supreme Court.
