SC stays Uttarakhand HC order directing CBI probe against CM Trivendra Singh Rawat on corruption allegations
A bench headed by Justice Ashok Bhushan said the "drastic order" passed by the high court without hearing the chief minister has taken "everybody by surprise" as there was no prayer in the plea by the journalists to lodge an FIR against Rawat.
FollowNew Delhi: The Supreme Court on Thursday (October 29) stayed an order of the Uttarakhand High Court directing the Central Bureau of Investigation to register an FIR against chief minister Trivendra Singh Rawat on basis of allegations levelled against him.
A bench headed by Justice Ashok Bhushan said the "drastic order" passed by the high court without hearing the chief minister has taken "everybody by surprise" as there was no prayer in the plea by the journalists to lodge an FIR against Rawat.
Attorney General KK Venugopal, appearing for the Trivendra Singh Rawat, submitted that the chief minister was not a party to this case even and the Uttarakhand high court's single-judge bench had ordered a CBI probe without hearing his side.
"This is against the SC verdict, which disallows destabilising the government as such verdicts demand the resignation of the Chief Minister which is happening. Judicial orders cannot be passed without hearing the other side and hampering the reputation of an accused, these things should be taken into consideration," Venugopal submitted.
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"Uttarakhand high court is entirely wrong, look at the consequences. Immediately, what one would anticipate. This was not something, the high court should do and destabilise the government," he added and sought an immediate stay on the order.
A bench of the apex court issued notice to the CBI and two journalists; FIR against whom was quashed by the high court returnable within four weeks.
The Uttarakhand high court on Tuesday, exercising its powers under Article 226, directed the Central Bureau of Investigation to file an FIR and investigate the allegations of corruption levelled against Rawat.
The allegations were made by Umesh Kumar Sharma, owner of local news channel “Samachar Plus”. Sharma had said that an amount of Rs 25 lakh was deposited into the bank account of a relative of the chief minister when demonetisation was announced in 2016 allegedly to facilitate appointment of the man — who paid the money – as the chairman of Gau Seva Aayog of Jharkhand. Notably, CM Rawat was the BJP state in-charge of Jharkhand at the time.
The Uttarakhand government had approached the Supreme Court against the high court's order, which quashed a First Information Report registered against two journalists for cheating and forgery and directed the CBI to register an FIR Rawat.
