Delhi HC appoints amicus to assist in graft case against HP CM

New Delhi, March 26

The Delhi High Court on Thursday appointed an amicus curiae to assist it on the “maintainability” of a plea levelling charges of criminal misconduct and corruption against Himachal Pradesh Chief Minister Virbhadra Singh.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw also discharged the NGO, Common Cause, which had filed a PIL seeking direction to CBI and Directorate General of Income Tax to initiate an investigation under the court's supervision into the allegations of money laundering and corruption against Singh.

The court's order came after senior advocate Kapil Sibal, appearing for Singh, objected to the maintainability of the PIL, saying the Chief Minister has imputed "motive" on lawyer Prashant Bhushan, who represents petitioner 'Common Cause'.

During arguments earlier, Sibal had said in such a situation the court should prima facie verify the credentials of the petitioner before entertaining a PIL.

"Another element to be considered in this particular case is the fact that the real petitioner is Prashant Bhushan and not 'Common Cause' ... Prashant Bhushan himself is a member of Aam Aadmi Party which has a particular ideology and agenda which is in opposition to other major political parties in the country," Sibal had then contended.

The court observed in its order, "Though senior counsel for the petitioner (NGO) has refuted that the present petition is a result of the animosity between its member and Virbhadra Singh and has sought to highlight the distinction between the member and the petitioner, but senior counsel for Singh has drawn attention to the initial complaint and argued that the same was not by the petitioner but by the said member and has contended that only the name of the petitioner is used to settle personal score of the said member of the petitioner."  "We have suggested, that instead of us adjudicating as to the bonafides of the petitioner in maintaining this petition, the petitioner be discharged from this petition and an amicus curiae be appointed to assist this court to determine the maintainability of the petition...

"Accordingly, the petitioner is discharged from present petition. Senior advocate N Hariharan, Senior and advocate Siddharth Aggarwal, who have graciously agreed, are appointed as the amicus curiae, to assist us in the matter. They are requested to go through the materials/records to be supplied to them by the court master, uninfluenced by the contentions of petitioner and to assist us on the aspect of maintainability/ entertainability of this petition," the court said.

The matter has now been fixed for further consideration on May 14. — PTI