SC transfers Virbhadra's plea from HP to Delhi HC in DA case

The pending plea of Chief Minister Virbhadra Singh in a disproportionate assets case was today transferred from Himachal Pradesh to Delhi High Court by the Supreme Court, which said its decision was necessary to protect the judiciary from "embarrassment".
The bench, comprising Justices justices FMI Kalifulla and U U Lalit, brushed aside Singh's initial objection to the decision to transfer the case to Delhi High Court on the ground that it would cast "aspersions" on Himachal High Court.
"We are 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 parties and to save the institution (judiciary) from any embarrassment," it said.

Attorney General Mukul Rohatgi, appearing for CBI, had questioned the order granting relief to the Chief Minister, asserting that one of the judges of the state High Court bench had recused from hearing a case involving the leader on the ground that he (leader) was once his client.
Transferring the case to the Delhi High Court after recording consent of parties barring the state government which opposed it, the bench ordered deletion of allegations and counter allegations made by either parties against the high court judge and the counsel representing CBI in the case.
The bench allowed CBI to seek modification of the Himachal Pradesh High Court order before the Delhi High Court.

The CBI had filed a transfer petition and a special leave petition in the apex court seeking transfer of the case against Singh from Himachal Pradesh to Delhi and setting aside the order passed by the state high court, respectively.

At the outset, senior advocate Kapil Sibal, appearing for the Congress leader, opposed the plea of the Attorney General and said it would show the state high court in poor light and a litigant cannot be allowed get its matter transferred.
"This would cast aspersion on the high court. Does it mean no judge is fit enough to hear this matter? I don't think this message should be sent," he said and added that the HC judge in question had never appeared as a lawyer for any family member of the Chief Minister facing charges in the assets case.

"We do not want to cause any embarrassment to anybody. We are not going to say anything of this kind in our order. We will simply transfer it Delhi High Court," the bench said.
Sibal later consented.