SC stays Allahabad HC hearing in Rahul Gandhi DA case

The Supreme Court on Monday asked the Allahabad High Court not to proceed with a case alleging disproportionate assets against Congress leader Rahul Gandhi. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also restrained the CBI and the ED from filing any report in pursuance of the high court's directions. The order came on a plea by Gandhi challenging the high court's July 20 direction to the agencies to verify the allegations. The top court issued notices to the petitioner, S Vignesh Shishir, the CBI and the ED, and directed the high court to defer the next hearing until further orders.

Senior advocate Kapil Sibal, appearing for Gandhi, called the high court proceedings "unknown to law" and a "witch-hunt". He questioned Shishir's locus and alleged he had not disclosed his credentials, including being an RSS worker. Additional Solicitor General S V Raju, for the probe agencies, said the CBI had only verified the complaint and not registered an FIR, and that the allegations were serious. The CJI observed that if a court issues directions affecting a person, it must follow natural justice. Shishir, arguing in person, opposed Gandhi's plea, saying an accused has no right to be heard before an FIR is registered.

The Allahabad High Court's Lucknow bench had on July 20 expressed dissatisfaction with the CBI's response and directed a senior officer to file a fresh affidavit detailing progress. It also allowed the ED to proceed if it found illegality. The high court had fixed August 20 as the next hearing. The Supreme Court has now put those proceedings on hold.