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HP CM Virbhadra Singh faces HC's wrath for seeking passover

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Press Trust of India New Delhi
Last Updated : Apr 04 2016 | 8:33 PM IST
Himachal Pradesh Chief Minister Virbhadra Singh, accused in a disproportionate assets case, today faced the wrath of Delhi High Court after his lawyer sought passover in the matter on the ground that his senior arguing counsel Kapil Sibal was busy in Supreme Court.
Justice Pratibha Rani said that Singh was "enjoying" the protection and on every date of hearing, his counsel sought a passover on similar grounds.
"Even on the last date, the arguing counsel was not here. Petitioner (Singh) is enjoying the stay and thereafter on every date adjournment and passover is being sought on the ground that arguing counsel is not available," the court said.
As soon as the hearing commenced, the lawyer representing Singh sought passover saying senior advocate Sibal, who is the arguing counsel, was busy in another matter in the apex court.
"This has also happened on the last date of hearing. ... I will hear the arguments. Once you enjoy the protection, you do not want to proceed," Justice Pratibha Rani said.
The bench, which posted the matter for hearing tomorrow, clarified to Singh's counsel that no further adjournment would be given in the matter.

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However, Singh's counsel told the court that they were not seeking adjournment in the matter. "We are not saying we will not argue. Kindly fix the matter for 2.15 pm today," he said.
During the hearing, Additional Solicitor General (ASG) P S Patwalia, appearing for CBI, said this was a "serious matter" and he would argue on the agency's plea seeking vacation of Himachal Pradesh High Court's interim order of October 1 last, restraining it from arresting, interrogating or filing charge sheet against Singh in the case.
Singh's counsel informed the court that they have filed a reply to CBI's application today itself.
In his plea, Singh has claimed that CBI had overstepped
its jurisdiction in filing the case and questioned how the agency could raid his premises when the matter was already pending in Delhi High Court, the Income Tax Tribunal and other tax authorities where all documents relating to his returns had been submitted.
CBI had earlier pleaded before the high court that it has jurisdiction to register and investigate the DA case.
The agency had also sought dismissal of Singh's plea to quash the FIR against him, alleging that his prayer was "frivolous and not maintainable".
On November 5 last year, the Supreme Court had transfered Singh's plea from Himachal Pradesh High Court to Delhi High Court, saying it was not expressing any opinion on the merits of the case but "simply" transferring the petition "in the interest of justice and to save the institution (judiciary) from any embarrassment".
CBI had moved the apex court seeking transfer of the case from the Himachal Pradesh HC to Delhi High Court and setting aside of the interim order granting protection from arrest and other relief to Singh.
Singh had filed a petition in Himachal Pradesh High Court pleading that searches on his private residence and other premises were conducted with "malafide intentions and political vendetta" by the central investigating agency.
Singh had sought directions from the high court to quash CBI's FIR registered in Delhi against him and others under Sections 13 (2) and 13(1)(e) of Prevention of Corruption Act and Section 109 of IPC.

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First Published: Apr 04 2016 | 8:33 PM IST

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