The Hindu : SC dismisses U.P. Govt. plea against Mulayam

Online edition of India's National Newspaper
Friday, May 23, 2003

Other States

Other States - Uttar Pradesh

SC dismisses U.P. Govt. plea against Mulayam

By Our Legal Correspondent

NEW DELHI MAY 22. In a major relief to the Samajwadi Party president, Mulayam Singh Yadav, the Supreme Court today dismissed an appeal from the Uttar Pradesh Government challenging an Allahabad High Court order staying his arrest and investigation of 148 cases registered against him.

A vacation Bench, comprising Justice N. Santosh Hegde and Justice Shivaraj V. Patil, dismissed the appeal after hearing senior counsel for the State Government, K.T.S. Tulsi, who brought to the notice of the court how the FIRs were registered against Mr. Yadav for alleged misuse of the Chief Minister's Discretionary Fund.

The Bench pointed out that the High Court had posted the petition filed by Mr. Yadav for final hearing in August when all issues would be gone into. It said that it was not a proper practice to rush to the Supreme Court for everything. This would amount to denuding the powers of the High Court.

In all, 148 cases were filed against Mr. Yadav and soon after some leaders of the Samajwadi Party met the Uttar Pradesh Governor and presented to him two video cassettes showing the Chief Minister, Mayawati, asking her party MLAs and MPs to give money out of their Constituency Development Fund.

Alleging malafides in the filing of FIRs, Mr. Yadav filed a writ petition for quashing of the FIRs and the High Court by an order dated May 7 restrained the State police from proceeding with further investigation of not only the FIRs registered but also in cases which might be filed in future, including arrest in connection with the FIRs. The present appeal by the State Government is directed against this order.Assailing the High Court order, Mr. Tulsi submitted that the allegations in the FIRs was that Mr. Yadav during the period 1993-95 had sanctioned lakhs of rupees from the Chief Minister's

discretionary fund violating the rules under which only a maximum of Rs. 35,000 could be given to a person.

He said the High Court by staying the investigation and stopping the police from collecting further evidence, had committed a gross error on the alleged ground of political vendetta. He said if this was to be allowed then no former Chief Minister could ever be investigated or prosecuted as he would always raise this plea.

Citing various apex court decisions, counsel said such a blanket ban order on investigation was not permissible. Without further investigation, how would the High Court appreciate the evidence, he asked.

To a question from the Bench, counsel said there was no time limit for filing the FIRs. He prayed for stay of the impugned judgment and to allow the police to continue their investigation.

Rejecting the plea, the Bench said the matter was in cold storage for nearly a decade and there was nothing wrong if it was delayed by a few more months as the appeal was to be heard in August.

Printer friendly page
Send this article to Friends by E-Mail

Other States

Stories in this Section

SC dismisses U.P. Govt. plea against Mulayam