The Supreme Court on Monday put the brakes on proceedings before the Allahabad High Court concerning allegations of disproportionate assets against Congress leader Rahul Gandhi.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana directed the high court to hold off on its scheduled August 20 hearing until the top court takes up Gandhi's challenge to the earlier order.
The Supreme Court also instructed the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) not to place any investigation report related to the matter before the Allahabad High Court or any other authority for the time being.
The case stems from an Allahabad High Court order directing verification of allegations concerning assets allegedly linked to Gandhi. The Congress leader subsequently moved the Supreme Court against that order.
Court questions probe agencies
During Monday's hearing, the bench questioned Additional Solicitor General SV Raju, who appeared for the central agencies, about their position in the matter.
The court wanted to know why the agencies had not taken action on their own if the allegations were sufficiently serious.
Justice Joymalya Bagchi questioned whether the agencies had initiated any suo motu proceedings and asked why they had remained inactive until the court's intervention.
Raju maintained that the agencies had so far played a limited role and that the CBI had only verified the complaint. He argued that if the material disclosed a cognisable offence, the allegations could warrant serious consideration.
The bench, however, stressed that any judicial direction must also take into account principles of natural justice.
Sibal challenges petitioner's standing
Senior advocate Kapil Sibal, representing Gandhi, questioned the legal basis of the petition filed by Vignesh Shishir before the high court.
Sibal argued that the proceedings amounted to an unusual attempt to pursue Gandhi without adequate legal foundation. He also questioned the petitioner's right to initiate the proceedings.
The petitioner, appearing virtually, opposed Gandhi's plea and argued that the matter remained at a pre-FIR stage. He maintained that an accused person does not ordinarily have a right to intervene at that preliminary stage.
Allahabad HC had sought fresh CBI report
The dispute follows a July 20 order from the Lucknow bench of the Allahabad High Court, which expressed dissatisfaction with the CBI's response and directed a senior agency officer to submit a fresh affidavit explaining the status of the verification exercise.
The high court had also said that the ED could take further action according to law if its examination of the matter uncovered material suggesting illegality.
Gandhi challenged that direction before the Supreme Court, arguing against the continuation of the proceedings concerning the allegations of disproportionate assets.