The Supreme Court on Monday sought a response from Himachal Pradesh Chief Minister Virbhadra Singh on a plea made by the Central Bureau of Investigation for his arrest in a disproportionate assets case.
Issuing notice, a Bench of Justices F.M.I. Kalifulla and U.U. Lalit asked Mr. Singh and the State government to reply by November 5.
In a relief for the Chief Minister, the Bench refused to stay an October 1 order of the State High Court protecting him and his wife from arrest in the case.
Attorney-General Mukul Rohatgi, appearing for the CBI, submitted that one of the judges on the High Court Bench who gave the relief to the Chief Minister had earlier recused from hearing another case concerning Mr. Singh.
Mr. Rohatgi said judges should follow a uniform policy of recusal, and should not pick and choose cases to recuse from.
The hearing is based on the CBI’s plea to set aside the October 1 order and for transfer of the case from Himachal Pradesh to Delhi.
The Attorney-General also said that the High Court not only restrained the CBI from arresting the Chief Minister but also put a rider that its prior leave must be taken before filing charge sheet.
Senior advocates Kapil Sibal and P. Chidambaram opposed the contention of the Attorney-General and said that instead of news reports, the earlier order should be read carefully.
