CBI probe can't be ordered without prior consent of state : Counsel

New Delhi, Mar 28 (UNI) The preliminary CBI inquiry in a dispropotionate assets case against Uttar Pradesh Chief Minister Mulayam Singh Yadav was in violation of statutory provision of section 6 of Delhi Police Special Establishment Act, Senior Counsel Harish Salve told the Supreme court today.

Appearing for Akhilesh Yadav, son of Mr Mulayam Singh in the Apex Court, Mr Salve contended that under section 6 CBI inquiry cannot be ordered without the prior consent of the state governments concerned.

Mr Salve was referring to the Supreme Court judgement dated March 1.

He also made a reference to the recent order of a three-judge bench referring the issue whether the High Court has the power to order a CBI inquiry to a five-judge constitution Bench, in order to point out that there was still a question mark against the powers of the court to order CBI probe without the prior consent of the state goverments.

He also pointed out that in the present case no violation of right to life was involved and hence the court had gone wrong in ordering a CBI inquiry against Mulayam Singh and others, who are facing allegations of acquiring huge assets worth about Rs 100 crore through corrupt means by abusing his official status as state Chief Minister.

A Bench comprising Justices CK Thakker and Altamas Kabir adjourned the hearing till tomorrow as arguements remain the inconclusive.

At one point, the judges remarked that no sanction is required in case this court orders an inquiry and the court also rejected the contention of the counsel for the petitioners and this court should not use its powers under article 142 of the constitution in such cases.

Article 142 gives sweeping powers to the apex court to pass any order to do complete justice.

UNI