HC agrees to hear on maintainability of the plea against HP CM

The Delhi High Court today agreed to hear arguments on maintainability of a plea seeking a court-monitored probe against Himachal Pradesh Chief Minister Virbhadra Singh accused of amassing assets disproportionate to known sources of his income.
A bench of Justice Badar Durrez Ahmed and Justice Sanjeev Sachdeva decided to re-open the issue of maintainability after senior advocate Kapil Sibal, appearing for the CM, said that the court has never heard them on this aspect.
"We are reopening the issues of maintainability. Amicus curiae N Hariharan shall make his arguments on this aspect," the court said, adding that it will hear the arguments on this point on December 3.

Earlier, the same bench of the high court had held as "maintainable" its proceedings against Singh.
It had said that "when the court itself has taken up the issue on its own, where does the question of maintainability remain?"
However, Sibal has moved an application seeking recalling of the court's earlier order on the ground that the bench, headed by Chief Justice G Rohini, had in its January 29 order discharged the NGO, Common Cause, which had filed a PIL seeking a direction to CBI and the Directorate General of Income Tax to initiate an investigation under the court's supervision into the allegations of money laundering and corruption against Singh.

He said that it had appointed an amicus curiae to assist the court on the "maintainability" issue of a plea levelling charges of criminal misconduct and corruption against Singh.
"I cannot be put to the disadvantage. There is an order of this court and I do not understand how can this (plea) move forward without hearing us on the issue of maintainability," Sibal contended.
Taking note of the Sibal's contention, the bench said it will hear the arguments on the issue of maintainability.