In a major relief to Samajwadi Party chief Mulayam Singh Yadav and his family members, including his son and Uttar Pradesh Chief Minister Akhilesh, the CBI on Friday closed a six-year-old disproportionate assets enquiry citing lack of evidence.
“The CBI has closed the Preliminary Enquiry (PE) against Mulayam Singh Yadav and his family on account of grossly insufficient evidence,” the agency said in a statement.
In a detailed reasoning, the CBI cited Supreme Court’s order of December 13, 2012 whereby it was said that the income, assets and expenditure pertaining to Dimple Yadav, wife of Akhilesh, should be excluded from those of her other family members.
“This order necessitated re-assessment of the evidence collected during the enquiry and a fresh look in accordance with the order of the Supreme Court,” the CBI said in its statement. The CBI said the PE in the case which was registered in 2007 could not be concluded earlier due to litigations and pendency of the review petitions.
The CBI said the suspects did not join the enquiry at the initial stage and the PE was concluded in 2007 itself, without taking into account defence of Mulayam and other family members. The agency had then computed the combined disproportionate assets of the four suspects Mulayam, sons Akhilesh, Prateek and daughter-in-law Dimple to the tune of Rs 2.63 crore.
However, the computation of the assets of the three suspects changed after the SC order. The agency will inform the Supreme Court about its decision next week. During its enquiry, the agency examined a large number of people, including the Yadav family and collected several documents.
“Careful examination of documents, statements of witnesses and the version of the suspects during the course of further enquiry, has not brought out sufficient evidence supporting the allegation of possession of any disproportionate assets, jointly or individually, against Mulayam Singh Yadav and his family members,” the CBI said.
CBI listed seven points to show why there was difference in the figures of disproportionate assets from 2007 and 2013, claiming large advances were earlier shown as assets as well as expenditure, leading to double accounting.
“The same stands corrected now,” the CBI said. A number of heavy advances, despite being refunded subsequently, were earlier taken as assets. “These refunds stand corroborated from the bank account statements. Earlier these advances were shown as assets on the basis of their reflection in a particular Income Tax return, even though such amounts were not found in subsequent returns,” the CBI said.
Third, the CBI reasoned that the gifts received by the Yadav family, which had been accounted as Income Tax, “have now been validated by examining the donors, donees, bank statements, Income Tax returns and personal ledgers.” The CBI also said a large number of expenditure items have been found to be refund of loans taken during the check period of April 1, 1994 to March 21, 2004.
On the construction of a house at Saifai in Etawah, whose valuation was recommended, it was found that out of the total cost of Rs 1.41 crore incurred on it, the contribution of Yadav and his son was less than 10 per cent. The house was constructed by Sughar Singh Yadav, head of the Hindu Undivided Family during the check period, the CBI said.
The agency also said that enquiry has not brought out any contribution of Yadav and his family members in the alleged benami properties in the name of Samajwadi Party and Ram Manohar lohia Trust as mentioned by the petitioner Vishwasnath Chaturvedi in his plea before the Supreme Court. The alleged stakes of Yadav and his family members in Chaudhary Charan Singh Post Graduate College and UP Rural Institute of Medical Sciences and Research, Saifai have not been substantiated.
The allegation of benami properties acquired by his wife Sadhna in the name of his son Prateek (who was a minor during the check period) have not been found to have any links with Mulayam and his family members. During the present enquiry, it was found that an amount of Rs 51.85 lakh was earlier shown as income from loan in respect of Mulayam. However, it has been now been found to be a part of the gift amount of Rs 79.35 lakh separately taken as income.
“This correction has led to reduction of Rs 51.85 lakh in the income of Yadav,” the agency said.“During a further enquiry conducted from December 2012 onwards in the light of Supreme Court orders, each and every item brought out in the earlier findings of the CBI has been thoroughly re-examined and re-assessed.
“Care has been also taken to probe every single item finding mention in the writ petition. After exploring each possible avenue, CBI has closed the PE against Yadav and his family members, on account of grossly insufficient evidence,” the CBI added.