DA case: No relief for Mulayam Singh and Akhilesh Yadav, SC orders CBI to continue probe

Mulayam-Akhilesh Yadav

The Supreme Court on Thursday directed CBI to go ahead with the probe against Samajwadi Party chief Mulayam Singh Yadav and his son UP Chief Minister Akhilesh Yadav in a disproportionate assets case.

However, the apex court dropped the CBI probe against Dimple Yadav, daughter-in-law of Mulayam and wife of Akhilesh Yadav, saying that she was not holding any public office and she was only a private person holding no position.

A Bench comprising Chief Justice Altamas Kabir and Justice H L Dattu also modified its March 1, 2007 order and ordered CBI to file the status report before the apex court and not to the government.

"We are modifying our order of March 1, 2007 to remove the error in it directing CBI to place the report before the government," the Bench said, making it clear that the agency will have to place the probe report before the apex court.

The Bench said, "Since CBI is an independent body", there is no obligation for it to file the status report before the government.

The Bench said it is also not contemplated in the Delhi Police Establishment Act under which CBI functions that the agency has to file its status report to the government.

"The CBI, which is probing the case, has to decide what steps it has to take," it said.

While holding that the CBI probe against Mulayam, Akhilesh and his other son Prateek Yadav will continue, the Bench said the "proceeding in the review petition cannot be converted into appeals."

The CBI will take independent action in pursuance to the March 1, 2007 order in accordance with the law, it said.

The Bench cleared the UP Chief Minister's wife Dimple from the DA case, saying, the "probe against her is liable to be dropped and the review petition filed by her is allowed."

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