DA case: Himachal HC admits Virbhadra Singh’s plea, grants him immediate relief

Senior Supreme Court lawyer Kapil Sibal appeared in court on behalf of Virbhadra Singh.

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Himachal Chief Minister Virbhadra Singh during press conference after the High Court granted him relief in the DA case, in Shimla on Thursday. (Source: Express photo by Lalit Kumar)

In a major relief to Chief Minister Virbhadra Singh, the Himachal Pradesh High Court Thursday restrained the CBI from arresting him and his wife Pratibha Singh in a disproportionate assets case, and directed the probe agency to obtain court’s permission before questioning the couple. The court, however, allowed the CBI to continue with its investigation.

READ | Simply put: Why Himachal CM Virbhadra Singh has the CBI at his door

Following the CBI raids on his premises a week ago, Singh filed a petition contending that the agency had “overstepped” its jurisdiction and lodged an FIR in the disproportionate assets case without getting prior permission from assembly Speaker.

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He also questioned the CBI raids when the case was already pending in the Delhi High Court and before the Income Tax tribunal. Demanding the quashing of the FIR filed by the CBI last week, Singh alleged “political vendetta and malafide intentions” of the agency in conducting raids on the day of his daughter’s wedding.

After hearing the petition, a division bench of Justice Rajiv Sharma and Justice Sureshwar Thakur said: “There is a prima facie case in favour of the petitioners and the balance of convenience is also in their favour. The petitioners will suffer irreparable loss and injury in case interim directions are not issued.”

While directing the CBI to go ahead with its investigation, the court said that the agency has to seek its permission before questioning the couple.

In its 14-page order, the court also posed 11 questions to the CBI seeking specific answers about charges of overstepping the territorial jurisdiction of the court in filing the FIR against the CM on September 23. The court also wanted to know whether there could be a second preliminary inquiry after the closure of an earlier preliminary inquiry, and whether the raid at the CM’s residence without conforming to Section 6 of the Delhi Special Police Establishment Act would dilute the federal structure of the Constitution. The said section deals with the CBI’s power to probe cases in the state without taking concerned state government’s consent. The next hearing is scheduled for November 18.