"If case is serious, why did agencies keep quiet?", Supreme Court asks in Rahul Gandhi plea
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The Supreme Court on Monday questioned the central investigating agencies over their handling of allegations of disproportionate assets against Congress leader Rahul Gandhi, asking why they had not acted if the matter was as serious as claimed.
“If it is so serious, why has your agency kept quiet?” Justice Joymalya Bagchi asked Additional Solicitor General SV Raju, who was appearing for the CBI and Enforcement Directorate.
The bench, comprising Chief Justice of India Surya Kant and Justices Bagchi and V Mohana, was hearing Gandhi’s plea challenging an Allahabad High Court order directing the agencies to verify allegations of disproportionate assets against him.
The Supreme Court asked the Allahabad High Court not to proceed with the case and directed the CBI and ED not to submit any investigation report to any authority, including the high court, in connection with the matter.
It also asked the high court to defer its scheduled August 20 hearing until the Supreme Court considers the case further.
Senior advocate Kapil Sibal, appearing for Gandhi, questioned the locus standi of petitioner Vignesh Shishir and described the proceedings as a “witch-hunt process”. He also said the CBI had so far only verified the complaint.
Raju told the court that the agencies had no role in the matter so far, adding that the allegations would be serious if they disclosed cognisable offences.
The court observed that if a cognisable offence was disclosed, authorities could act without requiring prior permission. However, the Chief Justice said that if a court directed an investigation, principles of natural justice had to be followed.
Shishir, appearing online, opposed Gandhi’s plea and argued that the matter was at the pre-FIR stage, when the accused had no right to be heard.
The Allahabad High Court’s Lucknow bench had on July 20 expressed dissatisfaction with the CBI’s response and directed a senior officer to file a fresh affidavit detailing the progress of the inquiry. It had also said the ED could proceed according to law if it found evidence of illegality during its inquiry.
Gandhi subsequently approached the Supreme Court challenging the high court’s order.