Nainital High Court on Monday asked the Central Bureau of Investigation (CBI) why it continued inquiry against former Uttarakhand chief minister Harish Rawat in the alleged sting case even after the state government withdrew its consent for the same.
"The question here would be that when the government itself had withdrawn its consent for the CBI inquiry and there was no consent after May 15, 2016, of the government for a CBI inquiry, why did the CBI continue with the inquiry," the court said in its order.
Justice Sudhanshu Dhulia also permitted the CBI to register an FIR against Rawat but told the investigating agency that they will not be allowed to make an arrest in the case if the CBI inquiry order of March 31, 2016, is wrong.
"In the case the CBI wants to proceed further and register an FIR, this court will not come in its way, but it is made clear that there are larger issues here before this court, such as, the order of the Governor dated March 31, 2016, where the investigation was ordered to be done by the CBI," the order read.
The court said that the subsequent notification was followed on April 2, 2016.
"Then ultimately the government on June 15, 2016, by which these orders, by which sanctions were granted were withdrawn," it added.
The court slated the matter for hearing on November 1.
Senior Advocate Kapil Sibal and Deva Dutt Kamat appeared on behalf of Rawat in the court while Assistant Solicitor General Rakesh Thapliyal appeared for the CBI.
The video, which surfaced in 2016, purportedly showed him negotiating a deal to bringing nine rebel MLAs back into Congress' fold. The state was under President's rule at that time.
After Rawat's victory in the floor test, the state cabinet had decided to set up a Special Investigation Team (SIT) to investigate the matter. The Central government had, however, rejected the proposal.
( With inputs from ANI )