Virbhadra’s assets case: Filing of chargesheet delayed as judge opts out

Legal Correspondent

New Delhi, August 23

The CBI will have to wait for a week for filing its chargesheet against Himachal Pradesh Chief Minister Virbhadra Singh as a Delhi High Court judge today opted out of hearing a disproportionate assets case against Virbhadra Singh.

The investigation agency today sought Justice AK Pathak’s permission to file the chargesheet, but the judge said he was recusing from the case and that the plea would be listed for August 30 before another bench.

The CBI has to take the Delhi HC’s nod for the chargesheet as the Himachal HC had restrained the agency from taking such a step without the HC approval. The agency had gone to the Supreme Court, challenging the HP HC’s ruling, but the SC transferred the case to Delhi HC without modifying or quashing the Himachal HC’s order passed on Singh’s plea.

In November 2015, an apex court bench comprising Justices FMI Kalifulla (now retired) and UU Lalit had clarified that it was transferring the case due to the peculiar facts and circumstances involved and to prevent embarrassment to all concerned, be it the Himachal HC, the state government or the litigants. The transfer was also not intended to undermine the country’s federal structure.

The Himachal HC had passed an interim order on October 1 restraining the CBI from arresting him and recording his statement in the case. This prompted the investigation agency to approach the SC, pleading for quashing the HC order and transferring the case to Delhi HC.

Subsequently, Delhi High Court had asked Singh and his family members to cooperate with the CBI in the probe.

According to the CBI, Singh and his family members purchased insurance policies for about Rs 6 crore using ill-gotten wealth accumulated during 2009-12.