Supreme Court Dismisses Interim Application seeking CBI Probe into Corruption Charges Against Arunachal Pradesh CM, Pema Khandu

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ITANAGAR: The Supreme Court dismissed the interim application in writ petition (Criminal)-165/2021 filed by Nabam Tagam from Arunachal Justice Forum (AJF), praying the apex court to direct Central Bureau of Investigation (CBI) to conduct preliminary inquiry into the corruption charges against the Chief Minister of Arunachal Pradesh, Pema Khandu.

The three bench judges headed by Chief Justice of India Nuthalapati Venkata Ramana, Justice AS Bopana and Justice Hima Kohli observed on Tuesday last that there is no need to pass any interim order on the said application at this stage and the said application stands disposed of.

“Having heard senior counsel appearing for the petitioners, senior counsel appearing for the state of Arunachal Pradesh and carefully perusing the material available on record, we find that the main relief and the interim relief prayed for are one and the same and as such, there is no need to pass any interim order in the said application at this stage”, the bench observed.

In view of the above, the said application stands disposed of”, the three bench judges observed while dismissing the interim application No. 59851/2021.

Nabam Tagam had filed interim application praying the Supreme may direct the CBI to conduct a preliminary inquiry into the allegation of corruption as labelled in his writ petition (Criminal)-165/2021. The application WP(Cr) 165/2021 is pending in the apex court.

“The Supreme Court has not entertained the interim application filed by AJF Nabam Tagam praying the apex court for interim order to issue directing CBI to conduct preliminary enquiry on corruption charges against Chief Minister Pema Khandu,” said Additional Advocate General, Anil Shrivastav who was representing the state of Arunachal Pradesh.

Citing the copy of the affidavit Pema Khandu has submitted to the Election commission of India, Nabam Tagam in WP(Cr) -165/2021 has charged that Khandu had earned a huge amount and properties by corrupt means and these should be probed by the CBI.

On 19th April, 2021, this writ petition was listed before the Supreme Court for admittance hearing. The apex court outrightly rejected the petition asking it to be filed in the High Court of respective jurisdiction. The petitioner then prayed before the Court that an SLP on similar allegations bearing no. SLP(C) No. 31233/2010 (Rahul Agarwal Vs State of AP) is pending in the Supreme Court.

The apex court however allowed the petition to be tagged with SLP(c) 31233/2010 that is still pending before the Apex court.

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Sword of Uncertainty Over Six CPSs’ Fate Temporarily Lifted: Relief for Sukhu Government

In a major relief to the Himachal Pradesh government, the Supreme Court has stayed the High Court’s directive to initiate disqualification proceedings against six MLAs who were appointed as Chief Parliamentary Secretaries (CPSs).

This decision, welcomed by Chief Minister Thakur Sukhvinder Singh Sukhu, has brought a temporary reprieve to his administration, which was grappling with the political and legal ramifications of the High Court’s order.

The Himachal Pradesh High Court had earlier quashed the appointments of the six CPSs, deeming them unconstitutional, and directed the Assembly Speaker to initiate disqualification proceedings under the anti-defection law.

However, the Supreme Court’s stay has effectively paused the implementation of this directive, offering the government some breathing space to strategize its next legal move.

CM Sukhu Hails Supreme Court’s Clarity

Speaking to media persons in New Delhi, CM Sukhu expressed his satisfaction with the Supreme Court’s interpretation, which he said provided much-needed clarity on the matter.

"The relief granted by the Supreme Court is significant, and we will deliberate on the next steps after considering all legal aspects,” he said.

The Chief Minister also emphasized that the apex court’s interpretation differed from paragraph 50 of the High Court’s verdict, which had been the basis of the controversial directive.

Opposition’s “Childish” Behavior Criticized

Shifting his focus to the opposition, Sukhu took a sharp jab at their tactics, describing their behavior as “childish” and lacking focus on real issues.

“There are no controversies here, but their behavior is simply immature. From toilet tax to ‘Samosa Politics,’ they are just distracting from the real issues,” he said.

Sukhu accused the opposition BJP of attempting to create diversions because of its failure to make a dent in the Congress’s strength during the Vidhan Sabha elections.

“Their ‘Operation Lotus’ was decisively rejected by the people, and Congress retained its 40-seat strength. Now, they resort to personal attacks to divert attention from our welfare schemes,” he added.

Relief Amid Mounting Challenges

The Supreme Court’s stay on the High Court’s order has momentarily eased the pressure on the Sukhu government, but the sword of uncertainty continues to hang over the six MLAs who served as CPSs.

With questions around their appointments still unresolved, the case remains a legal minefield.

The CPS appointments had drawn criticism for allegedly violating constitutional provisions, which prohibit the creation of such posts without legislative backing.

The High Court’s scathing remarks and the directive for disqualification had added fuel to the controversy, creating a storm in the state’s political landscape.

While the Supreme Court’s intervention provides temporary relief, the Sukhu government must now prepare for a protracted legal battle to defend the appointments and protect its legislative majority.

Opposition’s Counterattacks

The BJP, meanwhile, has been quick to pounce on the issue, accusing the government of flouting constitutional norms for political convenience. Party leaders have argued that the CPS appointments were a backdoor way to reward loyalists, a claim that Sukhu has staunchly denied.

The opposition’s attacks, combined with the ongoing legal scrutiny, highlight the precarious nature of the government’s position. For now, the Supreme Court’s decision is a welcome pause, but the final word on the matter could still have far-reaching consequences for the political stability of Himachal Pradesh.

Sukhu’s Call for Responsibility

Amid the controversy, Sukhu reiterated his commitment to governance and welfare. He called on the opposition to act responsibly and raise issues that matter to the common man.

“Significant progress has been made in improving the socio-economic status of the underprivileged during this tenure, and that remains our priority,” he stated.

With the legal wrangling far from over, the fate of the six CPSs—and the stability of the Sukhu government—remains inextricably tied to the unfolding courtroom drama.

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Supreme Court Dismisses Interim Application seeking CBI Probe into Corruption Charges Against Arunachal Pradesh CM, Pema Khandu

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