- The Supreme Court asked why probe agencies stayed silent on serious allegations against Rahul Gandhi
- The court directed the Allahabad High Court to defer its hearing on the disproportionate assets case
- CBI and Enforcement Directorate were told not to submit any reports related to the case now
If the matter was that serious, why did the probe agencies kept quiet, the Supreme Court on Monday asked the lawyer representing the central investigating agencies in the alleged disproportionate case against Rahul Gandhi.
The top court asked the Allahabad High Court not to proceed with the case against the Congress leader.
It also directed the CBI and the Enforcement Directorate not to submit any probe report to any authority, including the Allahabad High Court, in connection with the alleged assets case arising from an investigation ordered by the high court.
The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, was hearing a plea filed by the Leader of the Opposition in the Lok Sabha, against the high court order.
It asked the Allahabad High Court to defer its August 20 hearing in the matter until it hears the case next.
Kapil Sibal, appearing for Rhaul Gandhi, questioned the locus standi of the petitioner, Vignesh Shishir, to file a petition in the high court.
"This is absolutely unknown to law. This is a witch-hunt process which is not recognised by law. This is most unfortunate. Attempts after attempt are being made by this very petitioner," Sibal told the top court.
"May I only say, the CBI has done nothing except verifying the complaint," the senior lawyer said.
Additional Solicitor General SV Raju, appearing for the central probe agencies, said they have no role in the case so far, and if the complaint discloses commission of cognisable offences, then it is very serious.
"We are not concerned with that... Suppose somebody commits murder, etc., police do not need permission. But what appears to us is, subject to the assistance provided to us from both sides, if the court wants to issue a direction, it is expected to follow the principle of natural justice," the Chief Justice said.
The petitioner, who appeared online, opposed Gandhi's plea against the high court order.
"This is a simple pre-FIR stage case... The accused doesn't have any right to be heard in the pre-FIR stage," he said.
"Facts may be right, facts may be wrong. But if the facts are right, it's a gross case to use the court's jurisdiction," Sibal said.
At this point, the court asked the agencies' lawyer, what were they doing until now if the charges were that serious.
"If it is so serious, why has your agency kept quiet? Do you need a direction from the Court, Mr Raju? Have you taken any suo motu action? No, right?" Justice Bagchi asked the law officer representing the probe agencies.
Expressing dissatisfaction with the CBI's response, the Allahabad High Court's Lucknow bench on July 20 directed the agency's senior officer to personally file a fresh affidavit detailing the progress made in the probe into allegations of disproportionate assets against Gandhi.
The high court had also observed that if, during the course of its inquiry, the ED comes across material and documents indicating any illegality, it would be free to proceed further in accordance with law.
Gandhi had earlier approached the Supreme Court challenging the order of the high court, which directed the CBI and ED to verify the allegations of disproportionate assets against him.
