NEW DELHI: Questioning the fairness of Allahabad HC’s July-20 ex-parte order seeking CBI and ED inquiry into his alleged disproportionate assets, LoP in Lok Sabha Rahul Gandhi has requested Supreme Court to transfer the PIL from the high court to itself or any other HC “to secure ends of justice and preserve public confidence in the fairness of the judicial process”.While challenging the validity of the HC order and questioning its fairness because of ‘secret chamber hearing and sealed cover proceedings’, Gandhi filed another petition seeking transfer of the PIL filed by S Vignesh Shishir from Allahabad HC to the SC or any other HC.The special leave petition, as per SC website, was filed on Aug 7 through advocate Prasanna S, registered on Aug 12 and tentatively scheduled for hearing before a bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana on Aug 17.In his petition, Gandhi said proceedings before HC were among the rarest instances of a constitutional court’s order being simultaneously contrary to many first principles laid down by SC. “It falls so far outside the settled contours of writ jurisdiction that to call them erroneous would be a gross understatement,” he added.
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The Congress MP accused the high court of ordering a fishing and roving inquiry by multiple agencies against his alleged disproportionate assets through “extraordinary proceedings characterised by unjustified secrecy of in-chamber hearings and sealed cover pleadings and documents.”The LoP said that HC did not even bother to issue him a notice for his response to the PIL before directing the roving inquiry and did not ascertain whether the petitioner had locus standi or bona fides, the PIL was maintainable and if the high court had the territorial jurisdiction to pass such an order.He said HC passed the order without reference to any “fundamental material” warranting such a directive.