Mulayam’s assets case: SC pulls up CBI for flip-flop

A Bench headed by Justice Altamas Kabir expressed surprise over the CBI’s decision and wanted to know ‘what was wrong with the prayer in the application’.

The investigating agency on December 6,2008 had moved the apex court to withdraw its earlier application of October 2007 in which it had sought permission to place a status report before the court instead of submitting it to the Central Government as per the March 1,2007 order.

The Bench,also comprising Justice Cyriac Joseph,said,”you asked for justiciable order. Why do you (CBI) want to withdraw it”.

“We are inclined to modify our order,” the Bench said,referring to its judgement in which CBI was asked to submit the report to the central government.

The Bench noted that when CBI had filed an application for modification of the March 1 order,it had said that it was an independent body and not under the control of the Centre so it wanted to file the report of the probe before the court.

Justice Kabir said,”the direction in the judgement to submit the report to the Centre was possibly a mistake”.

“We do not want CBI to become an instrument of the Central Government,” the judge observed and repeatedly asked Additional Solicitor General Gopal Subramanium ‘why you (CBI) want to withdraw the application (earlier application) seeking to file the report before the court’.