A Bench of Justices B S Chauhan and Swatanter Kumar said that they asked for the names since they wanted to ascertain the bona fide of the petitioner and examine if he was genuinely concerned over the alleged crime or it was only for political gains
A former MLA of the Samajwadi Party,who has demanded an investigation against Rahul Gandhi into a case of alleged abduction and rape of a girl in Amethi,told the Supreme Court on Monday that he filed the case against the Congress general secretary at the behest of Uttar Pradesh Chief Minister Akhilesh Yadav and SP chief Mulayam Singh Yadav.
When asked by the court to come clear as to on whose instructions the criminal writ petition was moved before the Allahabad High Court,advocate Kamini Jaiswal,appearing for petitioner Kishore Samrite,disclosed: It is the present Chief Minister of the state and the leader of party who asked him to file the petition. He was called by the party leaders and high functionaries at the Delhis Pandara Road bungalow in December 2010 where he was told to file the petition.
Samrites lawyers confirmed to The Indian Express that leader of the party connoted to Mulayam Singh Yadav and that he has specifically named the father-son duo before the CBI,which is probing against him as per the HC order. A Bench of Justices B S Chauhan and Swatanter Kumar said that they asked for the names since they wanted to ascertain the bona fide of the petitioner and examine if he was genuinely concerned over the alleged crime or it was only for political gains.
Jaiswal informed the court that it was Samrites background as a lawyer and his experience of filing several petitions in the past that prompted the leadership to instruct him to do so. The petitioner was compelled to mention about the party leadership in his additional affidavit since the UP government has said that Samrite is a man with mental imbalance and that he filed a wrong petition, said Jaiswal,adding Samrite has been thrown out of the party.
Earlier,Samrite in his affidavit had stated that he filed the petition after being asked by the senior leaders of the present ruling party but it is for the first time that he has specifically named the father-son duo. The HC,while dismissing his petition in March last year,had imposed a cost of Rs 50 lakh on Samrite and ordered a CBI probe against him. However,the apex court had stayed this order and issued notices to the UP government and Rahul.
In his reply,Rahul urged the court to dismiss the petition,claiming the allegations against him were false,malicious and baseless. During the proceeding,Jaiswal argued that the HC had wrongly connected Samrites petition with another plea and dismissed it with adverse orders without seeking his response. She said three persons,including the girl who was allegedly raped in 2006,were missing. The three persons produced before the HC by the police were different people, she added. The Bench observed that if the three persons were still missing,it was a serious matter.
She accused the CBI of acting in inordinate haste in picking up Samrite for interrogation. The Bench asked the counsel for the UP government to respond. Advocate Ratnakar Dash sought some time from the court,pointing out that it was for the first time that the CM was being named. The Bench told the counsel that Samrite could not be more clear about the names of the leaders and gave him a weeks time to file the reply. The Bench will hear the matter on September 17.