Dehradoon: The Supreme Court on Wednesday set aside the High Court orders directing a CBI investigation into corruption allegations against former Chief Minister of Uttarakhand Trivendra Singh Rawat. SC bench comprising Justice MR Shah and Justice CT Ravikumar gave the verdict, citing that the HC's directions are in violation of natural justice.
"We are of the opinion that directions are unsustainable. Directions issued by the HC are without jurisdiction and in violation of natural justice. Directions to initiate an investigation against the appellant and any observation made by HC are quashed and set aside," the court observed.
The court further highlighted in its order that Rawat was given no opportunity to make his point back in 2020, when the Uttrakhand High Court had ordered a CBI probe into allegations leveled by journalist Umesh Sharma. In a video, Sharma had accused Rawat of transferring money into the accounts of relatives in 2016 to support the appointment of a person as the head of Gau Seva Aayog in Jharkhand.
In an 83-page order, the HC had directed the Superintendent of Police of CBI, Dehradun, to register an FIR on Sharma's allegations and investigate the matter. The court had held that "considering the nature of allegations leveled against Trivendra Singh Rawat, Chief Minister of the State, it would be appropriate to unfold the truth". Court had said that it would be in the interest of the state that doubts are cleared.
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The order was thereafter challenged in the Supreme Court wherein a bench comprising of Justice Ashok Bhushan, Justice R Subhash Reddy and Justice MR Shah had stayed the HC order, and issued notice observing that the issue required consideration.
Rawat had told the top court that he was not heard by the HC and that the court passed an order of investigation without hearing his side. He had also said that FIR can not be lodged against a CM like this as it would destabilize the government.
The top court in its order noted that Rawat was not heard and had observed that "CM was not even a party and such a drastic order has been passed".
