Former SP MLA says HC wrongly dismissed his case
New Delhi: Former Samajwadi Party MLA, facing a CBI probe for dragging Rahul Gandhi`s name in a case of alleged illegal confinement of a girl, Tuesday told the Supreme Court that the Allahabad High Court wrongly dismissed his petition by imposing exemplary costs of Rs 50 lakh.
Kishore Samrite, a former MLA from Madhya Pradesh, said that his petition was maintainable and that the Division Bench of the High Court exceeded its jurisdiction in transferring the matter from a single bench to itself.
Advocate Kamini Jaiswal, appearing for him, told a bench comprising justices B S Chauhan and Swatanter Kumar that the division bench of the High Court passed the order without issuing him notice which deprived him of his right to be heard.
Jaiswal`s submission that she has till now only argued on the jurisdictional aspect and not on the merits of the case came after Gandhi`s counsel P P Rao concluded the arguments by asserting that Samrite`s petition was politically motivated and politically inspired to tarnish the image of a young and upcoming politician.
Rao also raised objections to the averments made by Samrite in his affidavit saying nobody can accuse the judges of being biased.
However, during the rejoinder, the former MLA`s counsel said, the division bench of the high court deviated from the practice by calling before it the Samrite`s petition pending before the single bench on which the notice was issued on March 1.
She submitted that in such cases the practice is to refer the matter to the Chief Justice of the High Court for appropriate order but in this case the division bench entertained the prayer made in another identical petition for transferring the first petition.
When the apex court bench pointed out that in the March 7, 2011 order of the division bench of the High Court, the presence of Samrite`e counsel is mentioned and he should have sought opportunity to make his submissions, Jaiswal said at that time the advocate was dumb struck to see the girl and her parents produced in the court.
She said those people were produced in the court on an identical petition filed by others and were different from those mentioned in Samrite`s petition.
When she alleged that the judges in the division bench had made some remarks against the former MLA, the apex court asked her not to make submissions which are not part of the record.
The hearing will continue next Monday.
CBI had yesterday told the Supreme Court that its probe has found that the case against Gandhi was based on "non-existent" claims.
Samrite had challenged Rs 50 lakh fine imposed on him by the Allahabad High Court for approaching it with these allegations.
The High Court on March 7, 2011 had also directed the CBI to register a case against Samrite and to find out as to under what circumstances the PIL was filed.
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