It, however, sought modification of the Himachal Pradesh High Court's October 1, 2015 order restraining the agency from arresting, interrogating or filing a chargesheet against Singh, saying the direction has "tied our hands completely".
The CBI on Tuesday claimed in Delhi High Court that it has the jurisdiction to register and investigate the disproportionate assets case against Himachal Pradesh Chief Minister Virbhadra Singh and his wife.
It, however, sought modification of the Himachal Pradesh High Court's October 1, 2015 order restraining the agency from arresting, interrogating or filing a chargesheet against Singh, saying the direction has "tied our hands completely". The agency also sought dismissal of Singh's plea to quash the FIR against him, saying his prayer was "frivolous and not maintainable".
"CBI has all power to register a case and it has not violated any law nor has exceeded its jurisdiction by lodging a case against the accused persons (Singh and his wife)," the agency submitted before Justice Pratibha Rani. The agency was replying to Singh's claim that CBI had overstepped its jurisdiction in filing the case. He also questioned how CBI could raid his premises when the case was already pending in Delhi High Court, as also before the Income Tax tribunal and other tax authorities, where all documents relating to his returns had been submitted.
The agency, represented by Additional Solicitor General P S Patwalia and CBI standing counsel Sanjeev Bhandari, told the court that it has the locus standi to probe the matter as some of the properties under question were also located in Delhi. After hearing the brief arguments, Justice Pratibha Rani sought written legal submissions from both sides and listed the matter on February 25.
On November 5, the Supreme Court had transfered Singh's plea from Himachal Pradesh High Court to 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 apex court seeking transfer of the case from Himachal Pradesh HC to Delhi HC and setting aside of the interim order granting protection from arrest and other reliefs to Singh. The chief minister had filed a petition in Himachal Pradesh HC pleading that the searches on his private residence and other premises were conducted with "malafide intentions and political vendetta" by the central investigating agency.
Singh had sought directions from the high court to quash the FIR registered against him and his wife under Sections 13 (2) and 13(1)(e) of Prevention of Corruption Act and Section 109 of IPC by CBI on September 23 in Delhi.
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