Supreme Court puts Allahabad HC case on hold

A bench headed by Chief Justice of India Surya Kant and comprising Justice Joymalya Bagchi and Justice V Mohana directed that proceedings before the Allahabad High Court remain deferred until further orders.

The High Court had listed the matter for August 20. The Supreme Court also directed the CBI and Enforcement Directorate not to submit any verification or investigation report before the High Court in the meantime. 

What is the Rahul Gandhi assets case?

The dispute began with a petition filed by S Vignesh Shishir, a Karnataka-based petitioner, who alleged that Rahul Gandhi possessed assets disproportionate to his known sources of income.

The matter reached the Lucknow Bench of the Allahabad High Court, which directed central agencies to verify the allegations and inform the court about the progress. The High Court had also expressed dissatisfaction with an earlier affidavit filed by the CBI and sought a fresh response from a senior agency officer.

It is important to note that the allegations are the subject of legal proceedings and have not been established as facts against Gandhi.

Rahul Gandhi challenges High Court orders

Rahul Gandhi approached the Supreme Court challenging the Allahabad High Court’s directions. His plea argues that the High Court’s action amounted to a fishing inquiry and was initiated without giving him a proper opportunity to respond.

Gandhi has also questioned the petitioner’s locus standi and bona fides. His lawyers have raised questions about the jurisdiction of the Allahabad High Court and the manner in which the proceedings were initiated. 

Kapil Sibal questions petitioner’s role

Senior Advocate Kapil Sibal, appearing for Gandhi, strongly opposed the proceedings before the High Court. He argued that the process was “unknown to law” and described it as a “witch-hunt through a process not recognised by law.”

Sibal also questioned the petitioner’s locus standi and bona fides. He told the Supreme Court that the petitioner had repeatedly filed cases involving Gandhi and alleged that relevant information about his political background had not been disclosed.

Supreme Court raises natural justice issue

During the hearing, the Supreme Court also examined whether the High Court should have passed directions affecting Gandhi without first allowing him to be heard.

The bench indicated that courts are expected to follow the principles of natural justice when issuing such directions. This issue is likely to remain important as the Supreme Court considers Gandhi’s challenge.

Rahul Gandhi also seeks transfer of case

Gandhi has filed a separate petition seeking the transfer of the proceedings from the Allahabad High Court to the Delhi High Court.

For now, the Supreme Court’s order prevents the Allahabad High Court proceedings from moving ahead and stops the CBI and ED from placing their reports before that court. The Supreme Court will decide the next course of action after hearing the parties. 

Why the Supreme Court order matters

The order gives Rahul Gandhi temporary relief from further proceedings in the Allahabad High Court while the Supreme Court examines his challenge. It also puts on hold the immediate role of the central agencies in reporting their findings to the High Court.