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PIL against Mulayam to be taken up in open court

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Express news service Posted: Jul 05, 2008 at 2340 hrs IST
New Delhi, July 4 With the SP's wishlist for its support to the UPA Government over the n-deal issue still unclear, the two applications by the CBI--filed first in 2007 and then in March 2008--seeking the Supreme Court's nod to allow it to register a regular case (RC) against the disproportionate assets (DA) allegedly acquired by SP chief Mulayam Singh Yadav and his family members, may become the first irritant in this growing bonhomie. The petitioner happens to be a Congressman.

Any direction from the apex court now in the matter, most likely to be taken up by the open court in July, will surely leave a deep impact on the growing political proximity between the two parties.

The agency in its application, seeking directions from the Supreme Court, clearly said, "It is stated that CBI has concluded its enquiry and is willing to place the Status Report before this Court, for perusal if necessary." That was in October 2007. Taking it up, the bench of Justices C K Thakker and Altamas Kabir had issued notices to the petitioner Vishwanath Chaturvedi and the respondents, including Mulayam, his sons and daughter-in-law. They were granted four weeks to file their responses to the CBI's plea to furnish the report to the Court rather than the Central Government, as was earlier ordered by the apex court in its March 1, 2007 order.

Acting on a Public Interest Litigation (PIL) filed by Chaturvedi, who was alleged to be a staunch Congress supporter during the arguments opposing the petition by Mulayam and his family, the court had ordered a PE to be carried out into the allegations about DA acquired by SP chief. It was categorically ordered, "after scrutinising, if a case is made then to take further action in the matter." It was also directed that the inquiry report be placed before the Union of India, which shall take further steps depending upon the report's outcome.

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Subsequently, a PE was registered on March 5, 2007 and the CBI carried its detailed investigations. Later, in October after having completed its inquiry, it moved the apex court objecting that report be placed before the Court and not the state or Central Government.

Having waited for over four months, the CBI again in March 2008 moved the apex court seeking direction to allow it to proceed further.

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