Disproportionate Assets Complaint Against Rahul Gandhi: Allahabad HC Asks CBI & ED To Verify Allegations, File Progress Report

The order was passed on Tuesday by a Division Bench of Justice Rajesh Singh Chauhan and Justice Zafeer Ahmad on a criminal writ petition moved by Shishir.

During the in-Chamber hearing, counsel for the CBI informed the Court that the agency has received the petitioner's complaint and will file a response within 8 weeks.

Similarly, the counsel for the ED also informed the Bench that the ED has received the complaint and may verify the allegations. Thereafter, the progress thereof may be apprised to the Court.

"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 C.B.I. or E.D. may take appropriate steps which are permissible under the law", the Bench observed in its 4-page order.

After hearing the parties and perusing the material on record, the Court directed all parties (including the newly impleaded opposite parties) to file a response within 8 weeks.

"By filing response in the shape of counter the progress in respect of complaint submitted by the petitioner to the aforesaid agencies may be apprised to the Court", the Bench further noted in the order.

The petitioner, appearing in person, also filed an application for impleadment vis-à-vis the Union of India through its Secretary, Department of Personnel and Training (DoPT); the Union of India through its Secretary, Department of Revenue, Ministry of Finance; and the Secretary, Ministry of Corporate Affairs.

The petitioner apprised the Court that these departments are necessary parties and showed the reasons as to why they should be impleaded. Finding it proper, the Court allowed the impleadment application.

Additionally, the Central Government Counsel informed the Court that he received oral instructions from the Director, Serious Fraud Investigation Office (SFIO). He requested some time to file a counter-affidavit regarding the contents of the writ petition, which relate to it.

During the hearing, when petitioner-Shishir was queried about the maintainability of the prayers in the petition, he referred to certain case laws and judgments to submit that he may seek those reliefs by filing a writ petition under Article 226 of the Constitution of India.

The bench said that his submission would be tested after receiving the counter-affidavits of the respective parties and the rejoinder affidavits thereof.

Furthermore, the Court ordered that the paper-book and the loose documents provided by the petitioner be kept in a sealed cover in terms of the earlier order.

The matter has now been listed for the next hearing on July 20.