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Former Chief Minister of Himachal Pradesh Virbhadra Singh has been given four weeks’ time by Supreme Court bench headed by Justice R K Agarwal on the basis of CBI’s plea seeking clarification on the nature of sanction needed from a state government for conducting any inquiry or investigation into an offence in the state. Kapil Sibal, who is appearing on the behalf of Singh, informed the bench that “more time was required to file a reply to CBI plea”.
According to a report, Supreme Court had issued a notice on the plea of apex investigation agency challenging “a limited part of the Delhi High Court’s in which it questioned the procedure followed during the probe with regard to state’s consent.” The High Court had passed this order on March 31 last year. The order clearly said that the consent of the state issue would be adjudicated by the trial court.
Looking into the disproportionate case, the High court has clearly refused to quash against the chief minister and his wife. The court even rejected the contention that the FIR was a result of “political vendetta”. Former chief minister moved to supreme court last April against the Delhi High Court’s order terming an action against him saying,” it was a well-planned conspiracy to damage his public reputation and image in the coming up assembly elections”.
The petitioner has contented and has alleged that the premium investigating agency that how CBI can register a case against him without state’s consent which is an essential under Delhi Special Police establishment Act. As per contentions, the CBI has exceeded its jurisdiction in filing the case as the cause of action did not arise in the territory of Delhi.
In answer to this, CBI argued that the section 6 of the said act does not talk about the nature of consent to be taken from the state government and therefore it sought a clarification from the apex court on the issue as it would affect its power to investigate cases. The said section deals with consent of a state government for exercising of powers and jurisdiction by CBI officials. According to CBI, there was general consent taken from the Himachal Pradesh government on August 24, 1990 to probe in the offences committed by the central government officials in the state. Singh had argued to this that he was not an official of a central government. The consent aspect will be seen by the trial court as per when the charge sheet was filed because it will form evidence as collected by the CBI.
The CBI had registered an FIR against the Singh’s on September 2015 to carry out an inquiry for allegedly amassing wealth of Rs. 6.1 crore while serving as Union Minister of Steel of the UPA government between the year 2009-2011.
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