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SC transfers Virbhadra case to Delhi High Court

'Move to ensure image of institution is not sullied'
Last Updated 05 November 2015, 20:21 IST

The Supreme Court on Thursday transferred the corruption case against Himachal Pradesh Chief Minister Virbhadra Singh and his wife to the Delhi High Court in order “to protect the institution from embarrassment” and also “to avoid further controversy”.

The CBI sought transfer of the disproportionate assets case against Singh and his wife Pratibha Singh, a former MP of Himachal Pradesh, alleging the judge, who stalled the probe and restrained it from making any arrest, had earlier been a lawyer for the veteran Congress leader.

A bench of Justices F M I Kalifulla and Uday U Lalit said the matter should be heard by the Delhi High Court “in the interest of justice” and to ensure no further allegations are levelled against the court.

“We don't want any more allegations or counter-allegations. We are interested only in the institution. We don’t want to give scope to any further controversy. In the interest of the institution, we think this matter should be transferred to the Delhi High Court. This should rule out any embarrassment to anybody,” the bench said.

Senior advocate Kapil Sibal, appearing for Singh, maintained that the judge concerned has never appeared as a lawyer for the CM or anybody in his family. He contended transferring the case would mean casting aspersions on the Himachal Pradesh High Court.

The bench, however, said, “We will have to protect the institution. We will have to transfer this case in order to ensure neither the image of the parties nor the image of the institution is sullied.” Sibal, on his part, insisted if that is to be the case, then matters involving chief ministers of Chhattisgarh and Madhya Pradesh should also be transferred outside the states.

“It all depends on the facts and circumstances of every case. We are not looking at preliminary issues. We are looking at larger issues and our only concern is the image of the institution. We have to prevent embarrassment to the institution and prejudice to individuals,” the bench said.

The bench asked the CBI to plead before the Delhi High Court for custodial interrogation of Singh and his wife by seeking modification of the Himachal Pradesh High Court order of October 1.

Attorney General Mukul Rohatgi, representing the CBI, pointed out the Delhi HC was already hearing a PIL seeking investigation into the alleged disproportionate assets amassed by Singh and his wife.

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(Published 05 November 2015, 20:21 IST)

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