Thread by @barandbench

A Supreme Court bench led by Justice Ashok Bhushan to shortly hear Uutarakhand Chief Minister Trivendra Singh Rawat's plea challenging the Uttarakhand HC order asking for CBI FIR against him and quashing charges against 2 investigative journalists.
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Attorney General KK Venugopal for @tsrawatbjp : The CM was not a party in this case and the HC ordered a CBI probe. This is against SC verdicts which disallows destabilizing the government as such verdicts demand resignation of the CM which is happening.

AG: The question in one of the cases by you states that can the court suo motu orders an investigation. In this case, no notice was issued to the Chief Minsiter.

AG: The HC has mixed up all grounds. The person against whom FIR is registered is bound to be heard especially in case of a person who holds a public office. In Shivakumar case it was stated that since a person was not party in this case, investigation could not be ordered

AG cites case laws to substantiate the point as how court cannot pass an order against a person without him being heard or being a party in the case.

AG: In this case the parties never sought an FIR to be registered against Uttarakhand CM @tsrawatbjp

AG: Transfer of probe from one agency has been there when there was a violation of fundamental rights or material threat to witnesses or creation of undue pressure. Thus a corrective role is to transfer the case.

AG: HC was not entirely wrong in law to state that even though he is not a party and no notice or hearing was conducted and behind his back a probe is ordered. Look at the consequence and surely HC knows what will happen thereafter. HC is not competent to do this.

Senior Adv Mukul Rohatgi for @tsrawatbjp

Senior Adv @KapilSibal appears for Umesh Sharma: The matter is so serious and there are whatsapp messages from CM and there are bank statements linking Uttarakhand CM

Justice MR Shah: HC has excercised suo motu powers under Article 226 when there was no issue raised by you.

Justice Bhushan: The CM was not a party and such a drastic order has been passed

Justice Shah: Everyone was just taken by surprise

SC: this matter needs consideration and you need to reply.

Sibal: We have no problem if you stay it.

SC: issue notice and let respondents file reply in 4 weeks.

Supreme Court stays para 155.6, 155.7, 155.8 of the Uttarakhand HC judgment.

[BREAKING] Supreme Court Stays Uttarakhand High Court order directing CBI probe against Chief Minister TS Rawat

@tsrawatbjp

[Breaking] Chief Minister not a party and such a drastic order was passed: Supreme Court stays Uttarakhand High Court direction to register FIR against CM TS Rawat
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