The Supreme Court today sought responses from Himachal Pradesh Chief Minister Virbhadra Singh and others on two petitions filed by CBI against the High Court order granting protection from arrest and other relief to him and his wife in a disproportionate assets case.
A bench of justices F M I Kalifulla and U U Lalit issued notice to Singh and others including the state government and fixed the petitions of CBI for hearing on November 5.
The bench, however, did not grant interim stay on the October one order of the Himachal Pradesh High Court.
Attorney General Mukul Rohatgi, appearing for CBI, started advancing arguments with the assertion that one of the judges of the High Court bench, which has granted the relief, had earlier recused from hearing a case, involving the Chief Minister, on the ground that he (leader) was once his client.
"You cannot pick and choose cases for recusal or hearing," Rohatgi said and referred to the newspaper reports and the recusal order passed earlier by the high court bench comprising then Chief Justice Kurian Joseph (now a SC Judge) and Justice Rajiv Sharma.
"This learned judge is on record that he will not hear the case as he (Singh) was his client. The learned judge should have said so in this matter as well," he said.
The CBI has filed a transfer petition and a special leave petition in the apex court seeking transfer of the case against Singh from Himachal Pradesh to Delhi and setting aside the order passed by the state high court, respectively.
Rohatgi assailed the high court order and sought suspension of the order and transfer of the case to Delhi on grounds including that a judge, who had once recused himself from hearing a case involving Singh, later heard the present matter, the fact that the accused is the Chief Minister and lastly the Delhi High Court has been monitoring the case.
He referred to the content of the High Court order and said that it has virtually stalled the investigation process by granting relief such as protection from arrest and no interrogation of accused without its prior permission.
