SC extends stay on DA probe against Rahul Gandhi

The Supreme Court on Monday extended the relief granted to Leader of Opposition in the Lok Sabha Rahul Gandhi by continuing the stay order restraining the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) from proceeding further on allegations of disproportionate assets pending against him before a Uttar Pradesh court.

A bench headed by Chief Justice of India (CJI) Surya Kant adjourned the matter as the complainant S Vignesh Shishir, who had initiated proceedings against Gandhi, filed an affidavit that was not available on the files of the court. Solicitor general Tushar Mehta appearing for the Centre also sought time to file a response.

Posting the matter after three weeks, the bench, also comprising justices Joymalya Bagchi and V Mohana said, “The respondent-in-person has filed an affidavit. The Union government also seeks time to file an affidavit. Post the matter after three weeks. The interim order to continue in the meantime.”

It was on August 17 the court issued notice on Gandhi’s petition and directed that no report shall be submitted by CBI, ED or any other agencies as per the Allahabad high court’s order in May. The top court had further asked the high court to defer the hearing of the case till further orders.

Shishir, who was present in court, requested protection as he is a witness in the case. The bench said that his application will be considered on the next date of hearing.

Gandhi had claimed that Shishir, a Bharatiya Janata Party (BJP) worker, wants to carry out a witchhunt. On the earlier date of hearing, senior advocate Kapil Sibal appearing for Gandhi said that attempts were made by the very same petitioner since 2024 leveling similar allegations.

On the last date, though CBI and ED had opposed the petition claiming that the HC only permitted them to make an enquiry, the bench said that if the allegations were so serious, why did the agency keep quiet all this while and has now sought to rely on court orders.

The court had then said, “If there is prima facie material, our understanding of the law suggests that you can proceed as per law. But if the court wants to issue a direction, courts are expected to follow the principles of natural justice.”

Gandhi had challenged a series of orders passed by the Allahabad high court on a petition alleging that he possesses assets disproportionate to his known sources of income. He also sought transfer of proceedings from the high court. Shishir in his petition sought a probe against Gandhi and other members of his family.

In May, the high court directed CBI and ED to verify the allegations made by Shishir and subsequently sought a fresh affidavit from CBI detailing the status of its inquiry. In its July 20 order, the high court expressed dissatisfaction with the agency’s response. The high court also considered ED’s response and said that the agency had taken the required steps and was free to proceed further if its investigation yielded material warranting action.

Separately, Shishir has another petition pending before the Allahabad high court seeking criminal action against Gandhi on allegations of violations of citizenship laws. Shishir has claimed that Gandhi held a British passport in addition to his Indian passport.