The Hindu : National : Mulayam's assets: verdict reserved on PIL for probe

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Wednesday, Feb 14, 2007
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National

National

Mulayam's assets: verdict reserved on PIL for probe

Legal Correspondent

IT Department submits particulars of tax returns

I have copies of sale deeds: petitioner Bid to tarnish image during election time: counsel

Mulayam Singh Yadav

New Delhi: The Supreme Court on Tuesday reserved verdict on a public interest litigation petition for a direction to the Central Bureau of Investigation to initiate criminal proceedings against Uttar Pradesh Chief Minister Mulayam Singh Yadav and his family members for allegedly amassing wealth disproportionate to their known sources of income.

Earlier, a Bench consisting of Justices A.R. Lakshmanan and Altamas Kabir heard senior counsel K.T.S. Tulsi, appearing for petitioner Vishwanath Chaturvedi, an advocate; and Harish Salve, Ashok Desai and Rohinton Nariman, senior counsel for Mr. Mulayam and his two sons, who said the petition was aimed at tarnishing the image of the Chief Minister at a time when the Assembly elections were due.

In response to the court directions given in June last, the Income Tax department presented in sealed covers particulars of the IT returns submitted by the Chief Minister and his family members, and other documents.

Mr. Chaturvedi said he was in possession of copies of all sale deeds of the property purchased by Mr. Yadav and his family members. He alleged that corruption had reached a monstrous dimension in the State. Its tentacles started spreading even to the office of the Chief Minister.

Pleas in vain

The petitioner said he had on June 21, 2005 met Governor T.V. Rajeswar Rao and requested him to initiate action against Mr. Yadav and his family but nothing happened. On November 6, 2005, he presented a memorandum to the Union Home Minister, but it was also in vain. Hence the present petition for a direction to the Union Home Ministry to register cases against Mr. Yadav and his family members under the Prevention of Corruption Act and to prosecute them.

Mr. Tulsi said the IT department would be concerned only with the source of income and whether tax was paid on it or not. Only an independent agency or the CBI could, on court directions, determine the question of disproportionate assets. "Let the court direct the CBI to conduct a preliminary enquiry into the assets. If a case is made out, then the First Information Report can be registered; if no case is made out, this petition can be dismissed."

"Disputed facts"

However, Mr. Salve said the court should not entertain a PIL petition from political adversaries. The property mentioned in the petition was accounted for in the IT returns. As the Income Tax department was already seized of the matter, no further enquiry was called for. Further, the court should not entertain a petition, which was full of disputed facts.

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