'Against Natural Justice': Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat

A Bench of Justices MR Shah and CT Ravikumar noted that the former CM was not a party before the High Court and that the High Court did not hear him before passing the directions on the CBI investigation. This, the Court said, violates the principles of natural justice.

"Applying the law laid down by this Court and considering the fact that the High Court issued impugned directions contained in 155.6 and 155.7 suo motu, in writ petitions filed by original writ petitioners quashing the criminal proceedings against them and the appellant herein against whom the investigation is ordered in light of allegations ......and no opportunity at all was given to the appellant, we are of the opinion that directions are unsustainable. The directions issued by the High Court are fully without jurisdiction and are in violation of natural justice..."

The Bench noted that in the original writ petition, there was no prayer seeking a CBI inquiry or any other prayer to initiate criminal proceedings.

The Court also took into account that the High Court itself had made some observations against the appellant (allegations in paragraph 8 of the original petition) concerning the falseness of the informant as well as the corruption charges.

"Similarly, any observation made by the High Court with respect to made in paragraph 8, without giving an opportunity to the appellant also cannot be sustained. For these reasons, all the appeals succeed", the Court observed.

In November, the Court was informed that parties were taking efforts to close the (main) litigation. Senior Advocate Kapil Sibal appearing for Journalist Sharma (Respondent 1) made the disclosure.

The Uttarakhand High Court had directed the CBI to file an FIR and investigate the allegations of corruption leveled against Rawat by an investigative journalist, Umesh Sharma.

The former CM is accused of transferring money to his relatives' bank account to back a candidate in Gau Seva Ayog when he was BJP's Jharkhand in charge. The Supreme Court, in 2020, stayed the Uttarakhand High Court judgment.

Case Title: Trivendra Singh Rawat Versus Umesh Kumar Sharma And Ors | SLP (Crl) No. 5329-5331/2020 Ii-B