CBI moves apex court to withdraw plea against MulayamDecember 8th, 2008 - 10:31 pm ICT by IANS
New Delhi, Dec 8 (IANS) The Central Bureau of Investigation (CBI) has sought to withdraw from the Supreme Court its application to register a criminal case against former Uttar Pradesh chief minister Mulayam Singh Yadav for corruption.The CBI filed the two-page application before the court’s registry Saturday, seeking its permission to withdraw its earlier October 2007 application against Yadav and some of his family members.
Yadav’s Samajwadi Party changed its stance and extended support to the Congress-led United Progressive Alliance (UPA) government in the crucial July 22 confidence motionin the Lok Sabha.
Acting on a public interest lawsuit by advocate Vishvanath Chaturvedi, the apex court on March 1, 2007, ordered the CBI to conduct a preliminary probe to ascertain whether Yadav and his family members owned assets exceeding their legal income.
The apex court also asked the CBI to apprise the central government of its findings after concluding the probe and seek the government’s directions on its next course of its action.
The CBI, after conducting its preliminary probe, approached the apex court Oct 26 last year, hinting that it had a case against Yadav and his family members and sought the apex court’s permission to lodge it.
“It is submitted that the CBI has concluded its (preliminary) enquiry and is willing to place the status report before this court for perusal, if necessary,” the CBI told the apex court last year in its application.
“It is submitted if a preliminary enquiry by the CBI discloses commission of offences by the persons concerned, a regular case is registered and investigated as per the law,” the CBI then said.
It amply hinted that it has found prima facie evidence that assets owned by Yadav and his family members exceeded their legal income, amounting to commission of offences under the Prevention of Corruption Act by them.
Yet the CBI did not approach the central government as per the apex court order and sought the apex court’s permission instead, apparently fearing that a corruption case registered against Mulayam Singh Yadav on the the instruction of the central government would expose the latter to the charge of political witch-hunting.
Accordingly the CBI moved the apex court, pleading that “in the matter of the registration of a case, the CBI does not make a reference either to the central government or the state government”.