In his plea, Himachal Pradesh Chief Minister Virbhadra Singh has claimed that CBI had overstepped its jurisdiction in filing the case.
The Delhi High Court today sought response of Chief Minister Virbhadra Singh on Central Bureau of Investigation (CBI)'s plea seeking vacation of the Himachal Pradesh High Court's interim order restraining the agency from arresting, interrogating or filing a charge sheet against him in a disproportionate assets case.
The agency moved the application before a bench of Justice Pratibha Rani, who issued a notice to Singh and posted the matter for hearing on April 4.
Additional Solicitor General (ASG) PS Patwalia, appearing for CBI, told the bench that the agency is seeking vacation of the Himachal Pradesh High Court's interim order of October 1, 2015.
"This application is for vacation of the interim order. A notice may kindly be issued," Mr Patwalia told the bench. During the hearing on February 25 on Mr Singh's plea seeking quashing of First Information Report (FIR) lodged against him and others in the case, the CBI had told the bench that its investigation in the case was "held up" due to the interim order of Himachal Pradesh High Court.
In his plea, Mr Singh has claimed that CBI had overstepped its jurisdiction in filing the case and had also questioned how the agency could raid his premises when the case was already pending in the Delhi High Court, as also before the Income Tax Tribunal and other tax authorities, where all documents relating to his returns had been submitted.
CBI had earlier pleaded before the high court that it has jurisdiction to register and investigate the Disproportionate Assets (DA) case. The agency had also sought dismissal of Mr Singh's plea to quash the FIR against him, alleging that his prayer was "frivolous and not maintainable".
The arguments on the chief minister's plea would continue on April 4.
On November 5 last year, the Supreme Court had transferred Mr Singh's plea from the Himachal Pradesh High Court to the Delhi High Court, saying it was not expressing any opinion on the merits of the case but "simply" transferring the petition "in the interest of justice and to save the institution (judiciary) from any embarrassment".
CBI had moved the Supreme Court seeking transfer of the case from the Himachal Pradesh High Court to the Delhi High Court and setting aside of the interim order granting protection from arrest and other relief to Mr Singh.
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