Date:01/04/2009 URL: http://www.thehindu.com/2009/04/01/stories/2009040162201000.htm

National

CBI volte-face in assets case

Legal Correspondent

New Delhi: The Central Bureau of Investigation, which earlier sought legal opinion to close the disproportionate assets cases against the former Uttar Pradesh Chief Minister, Mulayam Singh, and his family members, has filed a fresh affidavit in the Supreme Court seeking permission to proceed further on the preliminary enquiry report.

Acting on a petition from Vishwanath Chaturvedi, the court on March 1 ordered a CBI probe against Mr. Singh, his sons — Akhilesh Yadav, MP, and Prateek Yadav — and Dimple Yadav, wife of Mr. Akhilesh Yadav, into the allegations that they amassed assets disproportionate to the known sources of their income, and asked the agency to submit its report to the Union government.

In October 2007, the CBI completed the preliminary enquiry and sought permission to submit the report to the court, instead of to the government. However, last year the CBI changed its stand and said that following legal opinion it was decided to withdraw the application filed in October 2007, to enable the government to take a decision to either continue with the case or drop further proceedings.

In a reversal of this stand, the CBI last week filed a fresh affidavit stating it stood by its October 2007 status report which could be placed before the court for its perusal.

Meanwhile, a Bench consisting of Justices Altamas Kabir and H.L. Dattu began hearing the petitions filed by Mr. Mulayam Singh and others seeking a review of the March 1, 2007 order.

Senior counsel Harish Salve, appearing for Mr. Singh, said this case had serious ramifications for the federal structure and raised the question whether the party in power could use the CBI to its advantage.

If the CBI was allowed to investigate a former Chief Minister, the matter would be fraught with danger and serious consequences, Mr. Salve argued.

Arguments will continue on Wednesday.