Delhi HC removes PIL petitioner in DA case against Himachal CM

R Sedhuraman/Legal Correspondent
Tribune News Service
New Delhi, January 29

The Delhi High Court on Thursday decided to remove the PIL petitioner in the corruption case against Himachal Pradesh Chief Minister Virbhadra Singh.

A Bench comprising Chief Justice G Rohini and Justice RS Endlaw said since doubts had arisen over the public interest involved in the case it was discharging the petitioner, NGO Common Cause, from the litigation.

The HC said it would pass a detailed order on March 26 giving reasons for its decision.

The Bench, however, clarified that it was appointing an amicus curiae to study the case and suggest the future course of action.

The HC made the observation while hearing the PIL petition pleading for a probe by the CBI and the Income Tax Department into allegations against Singh. The allegations included money laundering, corruption and possession of assets disproportionate to known sources of income.

At today’s hearing, the Bench asked senior advocate Arvind Nigam as to how the NGO chose to file a PIL against Singh though it was receiving complaints of corruption against several persons.

Nigam said the governing council of the Common Cause had taken the decision to file the case.

Appearing for Singh, senior advocate Kapil Sibal disputed this contending that the complaint had initially been filed by advocate Prashant Bhushan in 2012 as the state government was investigating the allotment of 4.68 hectares of land to Kumud Bhushan Education Society in Kangra. The society was run by Bhushan.

Sibal also pleaded that the case was filed on the basis of some diary entries showing alleged payments of bribe to various individuals, including “VBS.” Bhushan had chosen to drag only Singh into litigation by alleging that VBS meant Virbhadra Singh and ignoring other diary entries as he had no grouse against them, Sibal said.

At this, the Bench said it was discharging the NGO from the case and appointing an amicus curiae.

According to the petitioner, CBI had been conducting a preliminary inquiry for 18 months without registering an FIR despite the overwhelming evidence.

The PIL has cited the revised income tax returns filed by Singh for assessment years 2009-12, raising his agriculture income from just Rs 47 lakh to Rs 6.5 crore and the LIC policies purchased by an individual for Rs 5 crore in the names of Singh, his wife and children.

The petition also contended that an income tax raid on a multinational steel company in November-December 2010 had shown that cash payments of about Rs 2.8 crore had been made to “VBS” during 2008-10 when Singh was Union Steel Minister.

All these details were in public domain for a long time, but neither the government nor any of its investigating agencies had bothered to initiate action even after they were formally requested to do so by the petitioner, it was pleaded.