Kapil Sibal said that the case against Harish Rawat is politically motivated.
The Uttarkhand High Court today posted for November 19 hearing in a petition filed by Chief Minister Harish Rawat against institution of a CBI enquiry in the sting operation against him after his advocate argued that since FIR has not been lodged, a probe cannot be ordered.
Appearing for Mr Rawat, Kapil Sibal said no FIR has been filed which proves that the case is politically motivated and so CBI investigation cannot be initiated.
Mr Sibal argued that every such case is not eligible for CBI inquiry and cited the example of SR Bommai case of Maharashtra where it was established that FIR is must to initiate CBI inquiry.
The present case is different from Sikkim and Kerala cases that were cited during the hearing in this case, he said.
Expelled Congress minister Harak Singh Rawat had challenged the Cabinet decision of May 15 by the Harish Rawat government that recommended withdrawal of CBI inquiry in the matter which was proposed during President rule on April 2.