CBI probe in DA case against HP CM hints at malafide: HC told

Himachal Pradesh Chief Minister Virbhadra Singh, an accused in a disproportionate assets case along with others, today claimed in Delhi High Court that the way in which the probe was conducted showed an "element of enthusiasm" on CBI's part indicating an element of "malafide".
Questioning CBI's jurisdiction in registering the case here, his counsel told Justice Vipin Sanghi that the court should look into the "ramifications" of the matter as the agency could keep doing its probe which might finish the political career of the Congress leader.
Senior advocate Kapil Sibal, appearing for Singh, said as per CBI's case, all assets alleged to be disproportionate to the known source of income were in Himachal Pradesh and the agency should not have lodged the case in Delhi, on the basis of the fact that his client was then a union minister here.

"The manner in which probe was conducted (by CBI) shows an element of enthusiasm which would not have been there in normal circumstances. That is why a court-monitored mechanism is essential. There is an element of malafide in the matter," Sibal told the court.
He said it should be ensured that CBI was not biased against anyone based on the political party which is in power in the Centre or the state.
Sibal said CBI had conducted first preliminary enquiry (PE) and thereafter sought to close the case, but later it carried out a second PE on the same set of facts which were dealt with earlier.

He argued that the check period in a DA case "cannot give CBI the jurisdiction to lodged a case here" as jurisdiction would be made out at the place where the offence is alleged to have been committed.

"There must be a court crafted roadmap in such matters... What will give you (CBI) jurisdiction is the place where an offence is committed," Sibal said during the arguments which would continue on September 23.
CBI had earlier told the high court that its probe in the DA case against Singh and others was "complete" and it wanted to file the charge sheet in the matter.

The matter, in which the Himachal Pradesh HC had passed
the interim order, was transferred by the Supreme Court to the Delhi HC, which on April 6 this year had asked the CBI not to arrest Singh and directed him to join the probe.
On November 5 last year, the apex court had transferred Singh's plea from Himachal Pradesh HC to Delhi HC, saying it was not expressing any opinion on the merits of the case, but "simply" transferring the petition "in interest of justice and to save the institution (judiciary) from any embarrassment".
CBI had moved the apex court seeking transfer of the case here and setting aside of the interim order granting Singh protection from arrest and other relief given to him.

Singh has sought directions from the court to quash the FIR registered against him and his wife under Sections 13(2) and 13(1)(e) of the Prevention of Corruption Act and Section 109 of IPC by CBI on September 23 last year here and urged the court to summon record of the preliminary inquiry and the FIR.
The petition has said the CBI had acted without jurisdiction by conducting probe into alleged offences under the Prevention of Corruption Act against the highest democratically elected constitutional functionary in the state without any consent from the state government, a pre-requisite under Section 6 of Delhi Special Establishment Act.