Virbhadra Singh seeks time in SC to file reply on CBI's plea

Former Himachal Pradesh chief minister Virbhadra Singh today sought four weeks time from the Supreme Court to file his reply on a CBI's plea seeking a clarification on the nature of sanction needed from a state government to probe any offence committed in the state.
A bench of justices R K Agrawal and A M Sapre allowed Singh to file his reply in four weeks and adjourned the matter.
Senior advocate Kapil Sibal, appearing for Singh, said that he needs some time to file the reply on the investigating agency's plea.
The bench adjourned the matter for March 16.
The CBI had challenged a limited part of the order of the Delhi High Court passed in the case of Virbhadra Singh on March 31, 2017, in which it had said that the consent issue will be adjudiciated by the trial court.

The agency had said that it has challenged only the limited issue of consent in the high court verdict.

The CBI has said that section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, does not talk about the nature of consent and, therefore, it needs a clarification on the issue as it would affect its power to investigate offences which are committed in the states.
Section 6 of DSPSE Act deals with the consent of a state government for exercising of powers and jurisdiction by CBI officials.
The CBI had contended before the high court that there was a general consent granted by the Himachal Pradesh government on August 24, 1990, to probe the offences of central government employees in the territory of the state.

Virbhadra Singh, on the other hand, had contended in the high court that the consent order does not take within its scope a central minister, who served as a public servant in Delhi under the central government.
He had said that he was not an official "of a central government department or any other central institution located in the territory of Himachal Pradesh".
The high court had, however, said it will be for the trial court to look into the consent order aspect, when the charge sheet was filed as it would then emerge as to what was the material/evidence collected by the investigating agency that was sought to be relied upon by the prosecution.

"The issue whether such consent had been obtained generally, or specifically, as well as the issue as to what is the effect of the investigation conducted, if any, without obtaining the prior consent of the government of Himachal Pradesh, cannot be determined in the present proceedings and would fall for consideration, if and when a charge sheet is filed before the learned special judge," it had said.
In the same order, the high court had refused to quash the disproportionate assets case filed by the CBI against Virbhadra Singh and his wife, saying there was no basis to claim that the FIR was the result of any "political vendetta".

It had vacated the Himachal Pradesh High Court's October 1, 2015 interim order restraining the CBI from arresting, interrogating or filing a charge sheet in the case without the court's permission.
It had also turned down the question framed by the Himachal Pradesh High Court on whether the permission of the Speaker of the state assembly was mandatory before registration of an FIR.