Opinion CBI Mulayam move may run foul of SC

It investigated the case as a PE or preliminary enquiry so far without managing to file a formal case in more than five years.

September 28, 2013 02:10 AM IST First published on: Sep 28, 2013 at 02:10 AM IST

Having decided to close its probe into Samajwadi Party chief Mulayam Singh Yadavs disproportionate assets,the CBI may face its real test in the Supreme Court soon. While the apex court had in December 2012 ordered it to remove assets in the name of Mulayams daughter-in-law Dimple from the probe,in closing the investigation,the CBI has gone one step further and contradicted its own findings of 2007 to cite insufficient evidence against the SP supremo.

That the agency could do so may be a matter of dispute in itself. It investigated the case as a PE or preliminary enquiry so far without managing to file a formal case in more than five years. In a PE,the CBI can decide on its own to close a case.

One view is that the CBI didnt try hard enough to push its case in the Supreme Court. It could have given a strong reasoning for including Dimples assets without which the Mulayam family assets dont show a major rise as well as asked for an extension in the period of probe to pursue the matter. After all,a petition is pending before the Supreme Court to include Dimples assets in the case.

Instead,while in 2007,it had cited that Mulayams assets had risen from Rs 18.25 lakh in 1993 to Rs 4.59 crore in 2005,it has now claimed detailed explanation of the income,expenditure and assets of the SP chief and his two sons to close the case.

A clear contrast can be drawn with the case of YSR Congress chief Jagan Mohan Reddy,who was in jail for 16 months before being released on bail on September 24. The CBI took into account all the assets and income of Jagans family and even named Jagati Publications (owned by Jagan,which runs Sakshi TV and Sakshi newspaper) among others in a chargesheet recently.

Even if the change in the CBIs position stands legal scrutiny,its move will again go a long way towards strengthening the image of the agency as a political tool in the hands of the ruling party.

Particularly when it helps the ruling Congress to keep the SP chief in good humour even more so now.

Rahul is an assistant editor based in Delhi

rahul.tripathi@expressindia.com