Date:02/03/2007 URL: http://www.thehindu.com/2007/03/02/stories/2007030220741500.htm

National

"Lalu case verdict will not apply"

Legal Correspondent

NEW DELHI : The Supreme Court on Thursday said its verdict in a case involving Railway Minister Lalu Prasad and his wife Rabri Devi could not be applied to the case of disproportionate assets against U.P. Chief Minister Mulayam Singh.

Mr. Singh, citing a majority judgment in that case, said that public interest litigation petitions could not be filed to settle personal scores.

The Bench maintained that "the said decision has no application to the facts of this case. The case against Mr. Lalu pertained to a pending criminal case and PIL is totally foreign to pending criminal proceedings. The case on hand does not relate to any pending criminal proceedings."

The Bench said: "We are concerned in this case not with the merits of the allegations. An enquiry should not be shut out on the threshold because a political opponent of a person with political differences raises an allegation of commission of an offence."

In this case, voluminous documents by way of sale deeds, income tax returns and assessment orders and photographs of the properties allegedly acquired by the accused had been filed. "In our opinion, the minuteness of the details furnished by all the parties has to be carefully looked into and analysed only by an independent agency with the assistance of a chartered accountant and other accredited engineers and valuers of property."

On Mr. Singh's contention that the properties had been accounted for and the Income Tax department was looking into the matter, the Bench said: "The Income Tax department is concerned only with the source of income and whether tax was paid or not. Therefore, only an independent agency or the CBI could, on court direction, determine the question of disproportionate assets."

The Bench directed the CBI ``to conduct a preliminary enquiry into the assets of Mr. Singh and all his family members (respondents) and if a case was made out then to take further action in the matter."

The Bench asked the Registry to send, in a sealed cover, all the documents, sale deeds and statements filed by the parties to the CBI.

On receipt of the report, the Government might take further steps, depending upon the outcome of the preliminary enquiry, the Bench said.