Attacking CBI for its flip-flop over its decision to change its stand in the disproportionate assets case against former Uttar Pradesh Chief Minister Mulayam Singh Yadav, the Supreme Court on Tuesday said it would not like the agency to become an instrument of the government.

The apex court put some searching questions to the investigating agency for its decision to withdraw the plea of filing the report of the probe before the apex court.

A Bench headed by Justice Altamas Kabir expressed surprise over the CBI's decision and wanted to know ‘what was wrong with the prayer in the application’.

The investigating agency on December 6, 2008 had moved the apex court to withdraw 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.

The Bench, also comprising Justice Cyriac Joseph, said, "you asked for justiciable order. Why do you (CBI) want to withdraw it".

"We are inclined to modify our order," the Bench said, referring to its judgement in which CBI was asked to submit the report to the central government.

The Bench noted that when CBI had filed an application for modification of the March 1 order, it had said that it was an independent body and not under the control of the Centre so it wanted to file the report of the probe before the court.

Justice Kabir said, "the direction in the judgement to submit the report to the Centre was possibly a mistake".

... contd.