The Supreme Court on Monday directed the Allahabad High Court to keep in abeyance further proceedings in a petition alleging that Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi holds assets disproportionate to his known sources of income.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana further directed the Central Bureau of Investigation (CBI) and any other investigating authority not to place any report before the High Court while the matter remains pending before the apex court.
The proceedings before the Supreme Court arise from a petition concerning allegations raised by BJP worker S Vignesh Shishir, who has sought an investigation into the alleged disproportionate assets of Gandhi and certain members of his family.
During Monday’s hearing, the Supreme Court questioned the manner in which the Allahabad High Court had proceeded with the matter without first affording Gandhi an opportunity to be heard.
Chief Justice Surya Kant emphasised the importance of adherence to the principles of natural justice when a court proposes to issue directions that may have significant consequences for a person. The Bench indicated that, while investigating agencies may independently act where they possess information suggesting commission of an offence, the position is different when judicial directions are sought against an individual without providing an opportunity of hearing.
The Bench also questioned the necessity of a court direction for an investigating agency to act if the allegations were sufficiently serious to warrant an inquiry independently.
Justice Joymalya Bagchi, while addressing Additional Solicitor General SV Raju, who appeared for the CBI, questioned whether the agency had taken any suo motu steps on the basis of information concerning alleged disproportionate assets.
The controversy stems from proceedings before the Allahabad High Court in which the petitioner had sought a probe into allegations concerning Gandhi’s assets. In May, the High Court had directed the CBI and the Enforcement Directorate to verify the claims advanced by the petitioner.
The High Court subsequently sought a fresh status affidavit from the CBI concerning the progress of its inquiry. The direction came after the court expressed dissatisfaction with the agency’s response regarding the investigation.
The Supreme Court’s intervention now puts the High Court proceedings on hold, at least for the present, and prevents the CBI or any other authority from submitting a report before the High Court concerning the inquiry.
The apex court’s observations also foreground a fundamental procedural question: whether a constitutional court can direct an investigative agency to inquire into allegations against an individual without first ensuring that the affected person is afforded a meaningful opportunity of hearing.
At the same time, the Bench clarified that an investigating agency is not required to await judicial permission where it independently possesses material warranting investigation into an alleged offence. The distinction drawn by the Court was between an agency exercising its statutory powers on its own and acting pursuant to a judicial direction.
The Supreme Court’s order comes against the backdrop of Rahul Gandhi having separately approached the apex court in connection with orders passed by the Allahabad High Court in the same controversy. The High Court had earlier directed the CBI to furnish details regarding the status of its inquiry.
The proceedings before the Supreme Court are therefore significant not merely for the political stature of the petitioner but also for the procedural safeguards governing judicially directed investigations. The Court’s emphasis on natural justice underscores that even where allegations are serious, the exercise of judicial power must remain anchored in due process and the opportunity of hearing.
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