SC junks plea seeking CBI report on closure of preliminary enquiry against Mulayam, Akhilesh
New Delhi: The Supreme Court on Monday dismissed a plea seeking a copy of the CBI report on closure of its preliminary enquiry into allegations of amassing disproportionate assets against former Uttar Pradesh Chief Ministers Mulayam Singh Yadav and his son Akhilesh Yadav.
The CBI had told the apex court in 2019 that since “no prima facie evidence” of commission of a cognisable offence was found against Mulayam and his two sons — Akhilesh and Prateek — the Preliminary Enquiry (PE) was not converted into a criminal case/FIR, and as such, no enquiry was conducted in the matter after August 7, 2013.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala said, “Since the judgements dated March 1, 2007 and December 13, 2012, the CBI has closed its preliminary enquiry on August 7, 2013 and submitted its report on October 8, 2013 to the CVC. This application has been filed in 2019 after six years. There is no merit in the application and hence it is dismissed.”
The top court pointed out that former Uttar Pradesh chief minister Mulayam Singh Yadav had passed away and asked petitioner Vishwanath Chaturvedi as to what remains in the case.
Counsel for the petitioner said the proceedings against Mulayam have been dropped but allegations are also against his sons-Akhilesh and Prateek.
Senior advocate Kapil Sibal, appearing for Akhilesh and Prateek, said the CBI filed the closure report after conducting the preliminary enquiry and said no case is made out for registration of a regular case.
Counsel for Chaturvedi contended he had filed an RTI application before the Central Vigilance Commission (CVC) and he was informed that no such closure report was filed by the CBI.