Police probe is stigmatic; Counsel for Mulayam

New Delhi, Mar 29: Senior counsel Harish Salve while pleading for an inquiry by a retired High Court judge in the disproportionate assets case against Uttar Pradesh Chief Minister Mulayam Singh Yadav and his family members, contended before the Supreme Court today that any investigation by the police was stigmatic for his client.

Salve, appearing for Akhilesh Yadav, son of the UP CM, questioned the legality of the apex court order dated March 1,2007 directing CBI to submit report of the preliminary inquiry to the Central government and also leaving it to the choice of the Central government to decide the future course of action instead of calling the report to itself.

He also told the bench comprising Justices C K Thakker and Altamas Kabir that it was not proper for the apex court to order a preliminary inquiry without holding that there existed a prima facie case against the Samajwadi Party supremo and his family members.

The judges responded by saying that they refrained from expressly saying so as it would have influenced the inquiry and it must have been in their mind that there existed sufficient material in the PIL warranting an inquiry.

Vishwanath Chaturvedi, a Congress activist in his petition, had alleged that Mulayam Singh and his family members including his MP son Akhilesh Yadav, his daughter-in-law Dimpal Yadav and his younger son Prateek Yadav had amassed assets worth about Rs 100 crores through corrupt means by misusing his official status as UP CM and are liable to be prosecuted under the Prevention of Corruption of Act.

Senior counsel for Mulayam Singh Yadav, who has also filed a review petition, Ashok Desai opened the arguments on behalf of his client which remained inconclusive and would continue on April 4.

Desai also questioned the legality of the apex court judgment ordering CBI inquiry without prior consent of the state government.

Justice A R Lakshmanan, who has since retired, withdrew from the case following receipt of an annonymous letter questioning his integrity. The judge had broken down in the open court.

UNI

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