The Uttarakhand High Court (HC) instructed CBI probe against sitting Mr. TS Rawat, Chief Minister in scion case, Supreme Court has issued stay order on this. Justice Mr. Shah, Ashok Bhushan and R Subhash Reddy noticed that the high court passed a “drastic order” against the Chief Minister of Uttarakhand.
On Tuesday, the single-judge of the Uttarakhand High Court quashed an FIR against the two journalists, SP Semwal and Umesh Sharma and instead instructed an FIR against CM Rawat and transferred the inquiry to CBI.
The journalists had indicted Trivendra Singh Rawat, who were the former Jharkhand in-charge of BJP, who illegally transferred money to the accounts of his relatives in the year 2016 to support the appointment of the person in Jharkhand head Gau Seva Aayog.
On Thursday, “The high court has utilized suo motu power in the case. The question arises whether the HC could have passed the orders,” which is being observed by the Supreme Court bench.
The HC judge said that it’s not necessary that much before lodging FIR the person against whom the FIR has to be lodged must be made a party. But the law is that in judicial proceedings the other side must be heard,” argued the Venugopal. Venugopal said that the judge “should have been aware” of the ramifications of the order.
The AG said that “A judge of the HC should be able to anticipate what can happen. There are huge agitations going on there. It has led to an attempt to destabilize the government”. He also argued “It is not advisable for a writ court to interfere in criminal investigation. Observations of the court may have a far-reaching adversarial effect on the case”.