The Supreme Court on Friday dismissed a plea by the Uttar Pradesh Government seeking a stay on Allahabad High Court’s recent order for a CBI probe against former Noida Chief Engineer Yadav Singh and his family for amassing disproportionate assets.
The apex court backed the decision for CBI investigation after it perused the wealth of material, which the High Court considered for handing over the probe to the central agency.
A letter issued by the high-powered Special Investigation Team on Black Money about the possibility of illicit wealth transactions in the case was seen as a ploy by the Centre to use the CBI to destabilise the State Government.
Describing the CBI as a “caged parrot” which cannot be relied upon to carry out an independent probe, senior advocate Kapil Sibal, who appeared for the UP Government, pointed out that a high-powered Committee set up by the State Government was already examining the allegations.
Wondering how the State was anguished by the order of the HC, the bench headed by Chief Justice Hl Dattu said, “Why is the State of UP so botheredIJ If this gentleman feels the High Court should not have entrusted the matter to CBI, he will certainly come (to Supreme Court).”
Sibal submitted that this was a case of an individual and the letter of SIT on Black Money had nothing to do with this official. According to him, if holding disproportionate assets is the benchmark to direct a CBI probe, the premier investigating agency should then take over all DA cases across the country.
The bench, also comprising Justices Arun Mishra and Amitava Roy, explained to Sibal that looking at the facts of the case, they “sincerely” felt that the HC was fully justified to direct the CBI probe. It said, “Normally we are slow in handing over investigation to CBI. But after going through the order, we feel the HC is justified in handing over the case to CBI.” Moreover, Court reminded Sibal that all important cases are handed to CBI as a norm, the latest being the Vyapam scam, which incidentally came at the behest of senior Congress leader Digvijay Singh, for whom Sibal appeared reposing great faith in CBI.
Next, Sibal attacked the PIl petitioner Nutan Thakur who brought the case for CBI investigation before the HC. The State pointed out that the petitioner had a copy of SIT’s letter, which showed she was “hand-in-gloves” with the Centre. If at all a CBI probe is to be ordered, Sibal argued, it should not be left to CBI alone but be monitored by the High Court.
The bench said, “The State of UP should be happy that such a matter is entrusted with CBI.” It allowed State Government to move an application before HC for a court-monitored investigation, but left it to the High Court to consider it on merits.