The petition, filed on behalf of the CBI director and the Union of India, is likely to be mentioned by the Solicitor General today.
The hearings could become a crucial turning point in the series of actions through which the courts have sought in recent months to directly control various matters normally under executive control, particularly the investigation of politically sensitive criminal cases.
The cases include the Jain hawala probe, the cases involving former prime minister PV Narasimha Rao and the animal husbandry scam, in which Bihar Chief Minister Laloo Prasad Yadav and other senior political leaders of the state are alleged to be involved.
The government decided not to challenge the order of the Delhi High Court, also issued on Monday, seconding the services of three CBI officers to investigate the JMM MPs bribery case on its behalf. Legal experts believe this order is according to the law but that the Patna order can be challenged.
The solicitor general is likely to argue before the Supreme Court that the Patna High Courts order violates the governments rules of business, specifically the Delhi Special Police Establ-ishment Act, under which the CBI functions. This act states that the CBI director shall be responsible for the superintendence of the CBI.
The Samata Party, Yadavs most bitter adversary in Bihar, filed a caveat in the Supreme Court on Tuesday asking that it be made a party in any hearings in case the CBI director challenged the Patna High Courts order.
The party also added its voice to the BJPs in demanding that CBI director Joginder Singh should resign forthwith.
A party release pointed out that the Samata Party had been instrumental in bringing to light the scam and that it was the Supreme Court which had entrusted the monitoring to the high court to ensure that the CBI investigates impartially and thoroughly.
