The Supreme Court on Thursday ended further embarrassment to a Himachal High Court judge who got embroiled in a controversy by deciding in favour of Himachal Pradesh Chief Minister Virbhadra Singh facing a disproportionate assets case.
The apex bench of Justcies FM Ibrahim Kalifulla and UU lalit shifted the case from that judge to the Delhi High Court, where a PIl is already pending against Singh and where the CBI has been filing regular status reports on the progress of probe against Singh and his wife.
The matter was brought to apex court by CBI complaining about the HC judge who virtually stalled the arrest or interrogation of Singh by asking CBI to seek prior permission from Court.
In the past, the same judge had, however, withdrawn from hearing cases against Singh citing his association as a lawyer with the Chief Minister.
The apex bench said, “We are not expressing any opinion on the merits of the case but simply transferring the petition to the Delhi High Court in the interest of justice and parties and to save the institution (judiciary) from any embarrassment.” The CBI was given liberty to seek modification of the Himachal HC order before Delhi High Court.
Attorney General Mukul Rohatgi had appeared for CBI while senior advocate Kapil Sibal appeared for Chief Minister. Even Singh in his response made allegations against a ASG appearing for CBI in Himachal HC as having been the lawyer of son of Singh’s political rival in the state. The bench directed both parties to delete allegations against each other.
Singh is accused of receiving unaccounted money to the tune of nearly Rs 5 crore as evident from his income tax returns between 2009 and 2012 that showed an increase in his agricultural income.