Delhi HC to hear the DA case Petition of CM on day-to-day basis


The Delhi High Court today ordered to hear the writ Petition of Himachal Pradesh Chief Minister Mr. Virbhadra Singh on the day-to-day basis as Mr. Singh moved the Delhi High Court seeking for quashing the FIR registered by the CBI to investigate the case of the disproportionate assets against him and his family member.


The case was listed before Mr. Justice Vipin Sangavi at Delhi High court today for the final hearing court adjourned the matter for
remaining arguments on Sep 23 due to paucity of time .The court shown inclination to hear the matter on day to day basis from 23rd onwards. Earlier beginning the arguments Counsel for the Mr. Singh Mr. Kapil Sibal argued that Petitioner moved against the FIR in Delhi by CBI as being a minister in the Central Government during last UPA rule.


Mr. Sibbal argued that it is place of offense or location of assets which would give jurisdiction of  Himachal however CBI registered  FIR in Delhi was bad in law. He further argued  that CBI does not have any power to investigate without the sanction of state government and it could not suo-moto initiate an action against anyone. The petitioner alleged that CBI has brought within the purview of offence amounts, which relates to time prior to the Petitioner becoming a minister.


It was argued that the CBI has closed the case on the basis of the first preliminary enquiry, whereas it register the FIR on the basis of the second preliminary enquiry, if the facts in both enquiries were same, it is to be seen how contradictory findings were reached. Counsel for Mr. Singh argued that there were malafides operating and CBI case is political conspiracy. Mr. Sibal pleaded before the court that CBI doesn’t have the power to initiate preliminary enquiry without the sanction of the state government of HP, as the assets were in state barring only one alleged asset, i.e., farm house purchased by the petitioner in 2013-14  during his posting as a Central Minister.


The court did not accepted the argument of jurisdiction stating that a  person who has committed an offence as public servant would be investigated by the state governments where the cash or assets are stashed and such a proposition would not hold good giving the consideration to present political situation. CBI have moved before the Delhi High court on August 23 last month seeking nod form high court to file charge sheet against Mr. Singh as the matter also been listed on August 30, Sept 9 and today.


The investigation agency seeking court permission to file the charge sheet, but its plea had not been decided on various pretext as petitioner succeed to get adjournment during the last three hearing on the issue. Mr. Singh have been charged by the CBI for amassing Rs 6.02 Crore Disproportionate assets being the union ministers in last UPA rules between 2009 TO 2011.

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ML Verma is a Senior journalist, with more than a decade of experience of active reporting for electronic media, news agencies and fast paced online media.

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