VIRBHADRA SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) CMP No. 10270/2015.

(2.) NOTICE . Mr. Desh Raj Thakur, CGC and Mr. M.A. Khan, Addl. AG, accept notice on behalf of respective respondents. They pray for and are granted four weeks time to file reply.

(3.) PETITIONER No. 1 is the Chief Minister of the State and petitioner No. 2 is Ex. Member of Parliament. Petitioners have challenged the registration of FIR No. RCAC -1 2015 A -004 and the raid conducted in their premises. According to the averments made in the petition, the registration of the FIR is in violation of the law laid down by the Hon'ble Supreme Court. The mandatory consent under section 6 of the Delhi Special Police Establishment Act has not been obtained from the State Government at the time of registration of FIR, investigation and carrying out raid in their premises. The provisions of the Code of Criminal Procedure and Central Bureau of Investigation Manual have not been followed at the time of registration of FIR and at the time of raiding the premises of the petitioners. The FIR could not be registered after the closure of first inquiry report. The part of cause of action has arisen within the territorial jurisdiction of this Court in view of Sr. No. 5 read with paras 4, 5 and 6 of the FIR dated 23.9.2015. The permission of Hon'ble Speaker of the H.P. Legislative Assembly has not been obtained at the time of registration of FIR and its investigation. The raiding of their residence at the time when the marriage of their daughter was being solemnized speaks of wreaking of political vendetta. The FIR has been registered though there is no order of the Hon'ble Delhi High Court to register the same. Petitioners also apprehend their arrest in FIR No. RCAC -1 2015 A -004.