SC transfers corruption case against Himachal CM Virbhadra Singh to Delhi HC

A bench of Justices FMI Kalifulla and Uday U Lalit, however, chose to steer clear of this controversy and said the matter should be heard by the Delhi High Court “in the interest of justice” and to ensure that no further allegations are levelled against the court.

“We don’t want any more allegations or counter-allegations. We are interested only in the institution. We don’t want to give scope for any further controversy. In the interest of the institution, we think this matter should be transferred to the Delhi High Court. This should rule out any embarrassment to anybody,” said the bench.

Appearing for the CM, senior advocate Kapil Sibal opposed the transfer, arguing that it would set a wrong precedent if a case is shifted only because of allegations against the judge.

“We have said it in our affidavit that the judge has never appeared as a lawyer for the gentleman (Virbhadra) or anybody in his family. Transferring the case would mean casting aspersions on the Himachal Pradesh High Court. It would mean there are no judges in the High Court who could hear this,” he added.

But the bench clarified: “We will have to protect the institution. We will have to transfer this case in order to ensure neither the image of the parties nor the image of the institution is sullied. If need be, we will use our power under Article 142 in the interest of the institution.” Under Article 142, the top court is empowered to issue any order for securing the ends of justice.

As Sibal argued that all cases allegedly involving CMs of Chhattisgarh and Madhya Pradesh should also be transferred outside the states if this has to be the precedent, the Bench retorted: “It all depends on the facts and circumstances of every case. We are not looking at preliminary issues. We are looking at larger issues and our only concern is the image of the institution. We have to prevent embarrassment to the institution and prejudice to individuals.”

The bench ordered deletion of allegations made against the high court judge.