The government asked the Apex Court as to why did the High Court order the investigation from CBI when in it has only been ordered to investigate when there is the involvement of State police in the crime and not otherwise.
Senior Advocate Dushyant Dave termed the consequences of transferring the case to CBI which is under BJP’s control as serious.
Dave told the bench by Justice BR Gavai that the order “goes to the heart of democracy.”
He said that in case of CBI being allowed to investigate, it would call for a grave miscarriage of justice.
He quoted that BJP itself, at two stages, said that they don’t want CBI investigation. There is a record of it. There was also no evidence that SIT investigation was interfered with in any way. I respectfully submit that this matter should be finally heard. It’s very serious. Goes to the heart of democracy.
The counsel said that BJP is in power at the Centre, it is accused. How can CBI investigate?He further questioned on how is it assumed the interference by CM in the investigation?
Dave said that there is a conspiracy to bring down their government by illegal means. He questioned the intentions stating that holding a press conference cannot interfere with investigations.
The advocate also said that allegations need to be substantiated on rational grounds. He added that they are a regional party, and BJP is a national party trying to destabilise. All members of opposition party are in jail