SC transfers Virbhadra’s plea from HP to Delhi HC

The Supreme Court on Thursday transferred from Himachal Pradesh High Court to Delhi High Court a plea filed by Chief Minister Virbhadra Singh in a disproportionate assets case.

A Bench of Justices F.M.I. Kalifulla and U.U. Lalit said it was not expressing any opinion on the merits of the case but “simply” transferring the petition to the Delhi High Court “in the interest of justice and to save the institution [judiciary] from any embarrassment.”

The apex court also ordered deletion of allegations and counter-allegations made by either parties against the High Court judge and the counsel representing the CBI in the case.

Senior advocate Kapil Sibal, appearing for the Chief Minister, opposed the transfer saying it would send a wrong message that the State HC is not fit enough to hear this case.

Rejecting the submissions, the Bench said it would not deal with any aspect of the matter and simply refer it to the Delhi HC by invoking its extraordinary constitutional authority in the interests of justice.

Earlier, the apex court had sought responses from Mr. Singh and others on two petitions filed by the CBI against the High Court order granting protection from arrest and other relief to him and his wife in the case.

The Bench, however, had not granted interim stay on the October 1 order of the Himachal Pradesh High Court which had restrained the CBI from arresting Mr. Singh and his wife but had allowed the enquiry in the matter to proceed.

The High Court had also directed the CBI to keep the court informed before interrogating the couple.