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"You (CBI) are acting at the behest of Central Government and the Law Ministry. You are not acting on your own," a Bench comprising Justice Altmas Kabir and Justice Cyriac Joseph said.
The court's observations came when Additional Solicitor General Mohan Parasaran said that the opinion of the Law Ministry was sought to withdraw an application filed by the CBI in which it had sought to file a report on inquiry before the apex court and not to the Centre.
"You realise what you are saying. It is very unusual. It is because Central Government gave opinion you filed the interim application (for withdrawal of the earlier application seeking to file the report on inquiry to the apex court)," the Bench said.
"Why you filed the interim application on the opinion of the Central Government? It is incomprehensible," the Bench said.
The apex court had ordered a CBI enquiry on the alleged accumulation of disproportionate assets by Yadav, his sons - Akhilesh, Prateek - and daughter-in-law Dimple on a public interest litigation (PIL) by an advocate Vishwanath Chaturvedi.
"Why did you go to the Central Government? You should have come to us," the Bench said.
The court wanted to know from the ASG what was the other ground to support the application for withdrawal of its earlier plea.
The ASG said there were other legal grounds which were more in the nature of technical submissions. He said the CBI will abide by the decision of the Court.
Solicitor General G E Vahanvati, appearing for the Centre, contended that the concern of the Law Ministry was that the facts should be properly verified as representations have been received from the Yadav family.
The CBI's flip-flop in the case against has drawn the ire of the apex court.
Amid allegations of Centre trying to bail out the former UP CM, the investigating agency replaced Additional Solicitor General Gopal Subramanium with Parasaran to represent it.
The decision to replace Subramanium with Parasaran had also surprised the Bench which made it clear that it will not allow any last minute changes in counsel.
CBI on December 6 last year had moved apex court seeking withdrawal of its earlier application of October, 2007 in which it had sought permission to place a status report before the court instead of submitting it to the Central Government as per the March 1, 2007 order.
However, the investigating agency during the hearing on January 6 was criticised by the Bench which had said it would not like the agency to become an instrument of the government.
The apex court had earlier rejected the plea of Yadav and his family that the PIL was motivated and filed by Chaturvedi as he was allegedly a Congress activist.
"The ultimate test in our view, therefore, is whether the allegations have any substance. An enquiry should not be shut out at the threshold because a political opponent of a person, with political differences, raises an allegation of commission of offence," the apex court had observed while ordering the CBI enquiry.
Subsequently, the Yadavs filed a review petition but the same could not be adjudicated after Justice A R Lakshmanan (since retired) recused (withdrew) himself from hearing, following an anonymous letter, which according to the judge, virtually questioned his integrity.
SC RESERVES ORDER ON INTERIM PLEAS
The Supreme court on Tuesday reserved its order on various interim applications filed in the matter relating to the disproportionate assets case against former Uttar Pradesh Chief Minister Mulayam Singh Yadav.
The apex court will now pass its order on the application moved by the CBI as well as on the application filed by Vishwanath Chaturvedi, on whose petition the court had ordered a CBI probe into the allegations of disproportionate assets against Yadav and his family members.
While the CBI has sought the withdrawal of its earlier application in which it has sought the permission to file the report on the enquiry before the court and not to the Centre, Chaturvedi has opposed the CBI plea.
Meanwhile, a Bench comprising Justices Altmas Kabir and Justice Cyriac Joseph issued notice to the CBI and Chaturvedi on the review petitions filed by Yadav against the verdict ordering CBI probe into the allegations.
The Bench fixed March 31 to hear the review petitions.
The Court allowed Yadav's plea to file an application for other relevant material for considering the review petitions.
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The congress has braught the premier investigating agency to this pathetic condition.Withdrawing the case is only reward for supporting congress.In the forth coming election if CPM supports congress ,the case recently filed against CPM leader will also be withdrawn. Indira Gandhi once said the curruption is a world phenomnon.She would have never imagined her party will stoop so low in this regard.
Oh really, She was the one who bred corruption in India and perfected it as an art form.
What an irony. The Supreme Court is shouting that CBI is working at the behst of Centarl Govt to bail out Mulayam Singh, and Amar Singh is shouting that CBI is working at behest of Cental govt to frame Mulayam Singh. I wonder who should we believe. Why no case against Mayawati?
We boast, ours is the largest democratic country in the world with a largest written constitution. The people from whom we borrowed or copied don't have the written constition, eventhough they run their country with discipline and decency. Our leaders, politicians and who are utilising the constitution are blind and eccentric. Since they do not understand the meaning of what is written, they use the way they like. Till we get some good people who can read, analyse and repair the needed portions of our constitution, we will have to adjust this type of dramas and mimicries. It is our fate.
We know why UP is so backward and underdeveloped - because all the money meant for development is being siphoned off by poicos like Mulayam, Amar Singh, Maya etc
The fact that the CJI is against himself nad his cllouges not being amen able to disclosures of their assets and that of their family clearly show where they stand.Sermonising is for others only
Can't SC order CBI to go ahead with the case?
I wish and hope all other courts followed this. I think one of the reason India is respected still as a decent democracy is due to our judiciary. We can only fervently hope that this type of attitude of standing up for what is right without fright or favour perculates to our bearuacracy too to make our country great
Kerala minister Mr. G Sudhakaran is now demanding that A.K.Antoney should immediately intervene in the Lavllin case investigated by CBI and ready to be filed before the appropriate court and rescue CPM secretary Pinarayi Vijayan. What a shame!
What shame do you mean Mr. Namboodiripad? Still after another 5 years the kerala people surely vote for this reds who tried to show the people they are only a corruption-free and discplined party , but "All that glitters is not Gold". Our democracy is still to grow.
The CBI has marshelled all evidence against Pinarayi Vijayan; Chief Minister is convinsed of the charges, and the question if goerner's sanction is required is before the High court. And his protege in the cabinet is asking Antony to bail his boss out of the court procedure. It is shameful indeed. All they want is CBI to play politics for their benefit.
you spoiled SC Election commission and now CBI...No wonder. YSR wants a CBI probe into Satyam. CID and CBI are both in the hands of YSR and Madam. YSR's favorite pastime is to order CBI enquiries at the drop of a hat as if it is own dad's turf.
Suprem Court seems to be very active on Mulayam case.What happened to jayalalitha case?Will it ever see the light?Aryan Ring is really greate!!!!!.
CBI is most corrupt,unreliable,most untrustworthy,obsequious to immidiate and complaisant to the immidiate ruling Party and its leaders.They have no credibility and have least interest/concern to find out the facts but eye at opportunities for own careers.They fail courage and motivation to help justice(if atall there is some).CBI is definitely acting at Centre's/cong's behest but not only in this case but all corruptions cases against dozens political figures like LalooPsingh,Mayawati,NatwarSingh,SoniaGandhi and many more.The Cong/UPA uses CBI services only to benefit political upper-hand.To some corrupt politicians its disturbing and painful because they get temporary pressure while the others are let free for needful coalitions/aliiances without which Congress can't survivie.This all at the cost of poor and tax-payer's money.It more of show than reality.When the tme comes Mulayam will be best friend of those whom he curses now.Existing Indian polity is worse than ever.
In fact with these observations coming from the Supreme Court, the head of CBI should immidiately resign or Supreme Court should direct central government to sack CBI head.
as long as cbi is in control of so called prime minister we can expect this only,the cbi should be accountable to a constitutional authority that is insulated from political executive
The truth is veryc lear. This is the price MM has agreed to pay to Mulayam for the July 22 nd support. COuntry is being bartered by MM for his benefits.
This is the charcter of the Congress Party. Of late the CBI has become a cell of the Congress Party to deal with opposition leaders. I hate Congress Party.
Great... our Supreme Court is too good...