By Express News Service
NEW DELHI: The Supreme Court on Wednesday set aside Uttarakhand HCs order directing a CBI probe into the allegations of corruption against former Chief Minister Trivendra Singh Rawat.
Terming HCs directions as “unsustainable,” a bench of Justices MR Shah and CT Ravikumar noted that the order passed by the high court is in violation of the principles of natural justice. The bench also noted that HC had not granted an opportunity to ex-CM while ordering the probe. The top court also set aside HCs observations alleging corruption against Rawat.
“We are of the opinion that directions are unsustainable. Directions issued by the HC are without jurisdiction and in violation of natural justice. Orders in para 155.6 and 155. 7, directing to initiate an investigation against the appellant and any observation made by HC are quashed and set aside. Appeals are allowed. Directions of HC set aside on the aforesaid grounds alone,” the court said in its order.
The Minister had approached the apex court against the HC’s October 28, 2020 order wherein the HC while considering a set of pleas had suo moto directed CBI to register a corruption case without any specific prayer in that regard.
“If allegations of corruption levelled against the people in high positions stay in society without them being inquired and cleared, it will neither help the society to grow nor the State to function efficiently,” the high court observed.
Appearing for Rawat, Senior Advocate ANS Nadkarni had contended that in a writ filed by some of the accused, to quash criminal proceedings when there was no prayer against the appellant. He added that no such directions for initiating an investigation could have been passed.
“Even otherwise without giving any opp to the appellant, HC couldn’t have opined anything on the allegations made against the CM. Impugned directions by HC & observations made against the appellant on allegations are unsustainable & are against principles of natural justice,” the senior counsel had also said.
NEW DELHI: The Supreme Court on Wednesday set aside Uttarakhand HCs order directing a CBI probe into the allegations of corruption against former Chief Minister Trivendra Singh Rawat.
Terming HCs directions as “unsustainable,” a bench of Justices MR Shah and CT Ravikumar noted that the order passed by the high court is in violation of the principles of natural justice. The bench also noted that HC had not granted an opportunity to ex-CM while ordering the probe. The top court also set aside HCs observations alleging corruption against Rawat.
“We are of the opinion that directions are unsustainable. Directions issued by the HC are without jurisdiction and in violation of natural justice. Orders in para 155.6 and 155. 7, directing to initiate an investigation against the appellant and any observation made by HC are quashed and set aside. Appeals are allowed. Directions of HC set aside on the aforesaid grounds alone,” the court said in its order.
The Minister had approached the apex court against the HC’s October 28, 2020 order wherein the HC while considering a set of pleas had suo moto directed CBI to register a corruption case without any specific prayer in that regard.
“If allegations of corruption levelled against the people in high positions stay in society without them being inquired and cleared, it will neither help the society to grow nor the State to function efficiently,” the high court observed.
Appearing for Rawat, Senior Advocate ANS Nadkarni had contended that in a writ filed by some of the accused, to quash criminal proceedings when there was no prayer against the appellant. He added that no such directions for initiating an investigation could have been passed.
“Even otherwise without giving any opp to the appellant, HC couldn’t have opined anything on the allegations made against the CM. Impugned directions by HC & observations made against the appellant on allegations are unsustainable & are against principles of natural justice,” the senior counsel had also said.
