Rahul Gandhi assets case: Allahabad High Court says CBI affidavit lacks clarity, seeks fresh response

The Allahabad High Court on Monday directed the Central Bureau of Investigation (CBI) to file a fresh affidavit detailing the status of its inquiry into a complaint alleging that Congress leader Rahul Gandhi possesses assets disproportionate to his known sources of income.

A Division Bench consisting of Justice Brij Raj Singh and Justice Rajesh Singh Chauhan noted that the affidavit filed by CBI earlier did not clearly explain the progress of the investigation.

The Court was hearing a petition filed by BJP worker S Vignesh Shishir, who sought directions to central agencies to investigate the allegations against Rahul Gandhi and members of his family.

The Court had earlier directed the CBI and ED to verify the petitioner's complaint and apprise it of the progress made.

Expressing dissatisfaction with the CBI's response, the Court in its July 20 order observed,

"The counter affidavit of CBI does not appear to be a counter affidavit in terms of earlier order. Even we are unable to understand about the progress of the investigation done by the CBI."

The Court consequently directed the agency to place a fresh affidavit on record through a senior officer.

"Therefore, on the next date the counter affidavit of CBI shall be filed in terms of earlier order... In such counter affidavit the further progress, if any, may be indicated categorically so that the Court could understand about the progress of the investigation," it ordered.

Additionally, the Court, observed that the Enforcement Directorate (ED) had taken the required steps. It noted that the ED's affidavit indicated compliance with the Court's earlier directions.

It clarified that the ED was free to proceed further if the investigation yielded material warranting action.

"The perusal of the counter affidavit of ED reveals that the required steps have been taken by the ED and it is needless to say that if during investigation in the matter in question some relevant information is received supported with the material and documents the ED may do the needful strictly in accordance with law inasmuch as if any misdeed or illegal act has been noticed by the ED, they may not be helpless in proceeding further by following the due procedure of law," observed the Court.

The Court also granted four weeks to the Union of India, along with the Department of Personnel and Training, Department of Revenue, Serious Fraud Investigation Office, Ministry of Corporate Affairs and other respondents, to file detailed counter affidavits.

The petition stemmed from Shishir's complaint alleging that Rahul Gandhi and members of his family accumulated wealth disproportionate to their known sources of income.

On May 12, the High Court had recorded that both the CBI and the ED had received the complaint and observed that the allegations may be verified in accordance with law, while making it clear that it was not expressing any opinion on the merits of the allegations.

During the hearing, Shishir, who appeared in person, filed two interlocutory applications seeking, among other reliefs, directions to block Rahul Gandhi's passport and requiring the investigating agencies to submit weekly reports to the Court on the progress of the investigation.

The Court directed Deputy Solicitor General of India SB Pandey to obtain instructions from the concerned authorities on the prayers made in the applications and file a response before the next hearing. It said that both applications would be considered on the next date.

The Court further directed that the case continue as a part-heard matter before the same Bench, subject to appropriate orders from the Chief Justice regarding its constitution.

The matter is scheduled to be heard next on August 20.

S Vignesh Shishir (petitioner) appeared in person.

Advocate Anurag Kumar Singh appeared for CBI.

Advocate Kuldeep Srivastava represented ED.

Central Government Counsel Raj Kumar Singh appeared for other central authorities.

[Read Order]