SC notice to CBI in disproportionate assets case against ex UP CMs Mulayam, Akhilesh

New Delhi: The Supreme Court on Monday issued notice to CBI on a plea seeking direction to the probe agency that it place the investigation report in the disproportionate assets case against SP leader Mulayam Singh Yadav and his sons Akhilesh and Prateek.

A bench comprising chief Justice Ranjan Gogoi and Justice Deepak Gupta asked the CBI to file its response in two weeks on status of the investigation against the Samajwadi Party patriarch and his sons.

The bench was hearing a plea filed by Congress leader Vishwanath Chaturvedi seeking a direction to the probe agency to apprise the court of the status of the investigation. Chaturvedi in 2005 filed the PIL in the top court seeking directions to CBI to take appropriate action to prosecute Yadav, Akhilesh and his wife Dimple and Prateek under the Prevention of Corruption Act for allegedly acquiring assets more than the known sources of their income by misusing their powers.

The apex court in its verdict of March 1, 2007 directed CBI "to enquire into allegations" and find out as to whether the plea with regard to disproportionate assets of the SP leaders was "correct or not".

In 2012, the court dismissed the review petitions of Yadav and his sons against its verdict and directed CBI to go ahead with the probe against them in the disproportionate assets case. It allowed the review plea of Dimple and directed CBI to drop the inquiry against her saying that she was not holding any public office. The court had modified its March 1, 2007 order and asked CBI to file the status report before the court and not the government.

Chaturvedi, in his fresh plea, said: "Despite the yawning gap between the complaint made/court's directions and the pendency of filing of a regular Case in this matter, an unusually long period as already escaped without any action being taken on the matter for 11 long years."

The matter is still pending with CBI for registration of a regular case. Till date, no FIR has been registered against the Yadavs and it has not only caused "some irremediable and irrecoverable damaged to the whole case, but also raised serious questions of credibility and integrity of our investigating agencies", the plea had said. The CBI is duty bound to register a regular case as mandated by the provisions of law and also report the FIR to the jurisdictional magistrate as mandatory and provided by procedure law, it said.

Referring to the CBI's earlier status report, the fresh plea said it indicated that disproportionate assets were possessed not only by Yadav, Akhilesh and Prateek but also by Dimple. On the basis of Income Tax Returns and reliable documents of the Yadav family members, the disproportionate assets were calculated at Rs 2.63 crore, it said.