Allahabad HC seeks CBI, ED reply in DA case against Rahul Gandhi
Synopsis
Key Takeaways
The Allahabad High Court's Lucknow Bench has directed the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO), and other authorities to file counter affidavits within eight weeks on a petition alleging disproportionate assets against Rahul Gandhi, Leader of Opposition in the Lok Sabha. The order was passed on 14 May by a Division Bench comprising Justice Rajesh Singh Chauhan and Justice Zafeer Ahmad, while hearing a criminal writ petition filed by Karnataka-based Bharatiya Janata Party (BJP) worker S. Vignesh Shishir, who appeared in person.
What the Court Directed
During an in-chambers hearing, counsel for the CBI informed the Bench — on the basis of written instructions dated 11 May — that the probe agency had received the petitioner's complaint and would file its response within eight weeks. Counsel for the ED similarly submitted, on the basis of instructions dated 9 May, that the federal anti-money laundering agency had received the complaint and 'may verify the allegations.'
Recording these submissions, the court observed: 'It is expected that if the complaint of the petitioner has been received, the allegations of the complaints may be verified as per law. It is needless to say that the CBI or ED may take appropriate steps which are permissible under the law.'
New Parties Impleaded
The Justice Chauhan-led Bench also permitted the petitioner to implead the Union of India through the Department of Personnel and Training (DoPT), the Department of Revenue under the Ministry of Finance, and the Ministry of Corporate Affairs as additional parties. All newly impleaded authorities have been directed to file counter affidavits within eight weeks and place on record the progress made on the petitioner's complaint.
Documents Under Seal
The Bench further ordered that the paper-book and all documents filed in the case remain in sealed cover and be kept in safe custody with the Senior Registrar of the Allahabad High Court. This follows a similar direction issued on 6 May, when the court had sealed the entire paper-book after hearing preliminary submissions, while granting time to respondent authorities to seek instructions.
Background and Earlier Proceedings
Shishir is the same petitioner who had earlier moved the Allahabad High Court seeking a direction to Uttar Pradesh Police to conduct an inquiry and consider registration of an FIR against Gandhi over allegations of dual citizenship. In that matter, a single-judge Bench of Justice Subhash Vidyarthi — who subsequently recused from hearing it — had withdrawn the operative direction, noting that Gandhi, being a prospective accused, ought to be given an opportunity of hearing before any such order could be passed.
The disproportionate assets case is now listed for further hearing on 20 July, when it will again be taken up during in-chambers proceedings. The court's directions effectively set a structured timeline for all respondent agencies to formally respond to the allegations on record.