SC units apart Uttarakhand HC order directing CBI probe in opposition to ex-CM Trivendra Rawat
3 min readBy Express News Service
NEW DELHI: The Supreme Court on Wednesday put aside Uttarakhand HCs order directing a CBI probe into the allegations of corruption in opposition to former Chief Minister Trivendra Singh Rawat.
Terming HCs instructions as “unsustainable,” a bench of Justices MR Shah and CT Ravikumar famous that the order handed by the excessive court docket is in violation of the rules of pure justice. The bench additionally famous that HC had not granted a possibility to ex-CM whereas ordering the probe. The prime court docket additionally put aside HCs observations alleging corruption in opposition to 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 docket stated in its order.
The Minister had approached the apex court docket in opposition to the HC’s October 28, 2020 order whereby the HC whereas contemplating a set of pleas had suo moto directed CBI to register a corruption case with none particular 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 excessive court docket noticed.
Appearing for Rawat, Senior Advocate ANS Nadkarni had contended that in a writ filed by a few of the accused, to quash legal proceedings when there was no prayer in opposition to the appellant. He added that no such instructions for initiating an investigation might have been handed.
“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 additionally stated.
NEW DELHI: The Supreme Court on Wednesday put aside Uttarakhand HCs order directing a CBI probe into the allegations of corruption in opposition to former Chief Minister Trivendra Singh Rawat.
Terming HCs instructions as “unsustainable,” a bench of Justices MR Shah and CT Ravikumar famous that the order handed by the excessive court docket is in violation of the rules of pure justice. The bench additionally famous that HC had not granted a possibility to ex-CM whereas ordering the probe. The prime court docket additionally put aside HCs observations alleging corruption in opposition to 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 docket stated in its order.
The Minister had approached the apex court docket in opposition to the HC’s October 28, 2020 order whereby the HC whereas contemplating a set of pleas had suo moto directed CBI to register a corruption case with none particular 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 excessive court docket noticed.
Appearing for Rawat, Senior Advocate ANS Nadkarni had contended that in a writ filed by a few of the accused, to quash legal proceedings when there was no prayer in opposition to the appellant. He added that no such instructions for initiating an investigation might have been handed.
“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 additionally stated.
