The Court had in March 2019 requested the CBI and the alleged accused Mulayam, his two sons Akhilesh and Pratik to inform the status of probe as ordered by the Supreme Court originally in March 1, 2007 and again while dismissing their review petitions on December 13, 2012.
The order was passed on a petition filed by lawyer Vishwanath Chaturvedi, on whose petition initially CBI probe was ordered. Now CBI has termed these status reports to be forged, putting a question mark on how and why Mulayam misled the Court.
Mulayam filed an affidavit on April 8, 2019 claiming that the CBI gave him a clean chit. In support, he annexed two status reports of the CBI dated July 30, 2007 and August 20, 2007. In addition he produced an Analysis of the Status Report dated February 2, 2009 prepared by then DIG, CBI Tilottama Verma, who led the probe. All documents, according to Mulayam, pointed out that the allegations that he and his kin amassed over Rs 100 crore assets disproportionate to his income was not substantiated.
Now the matter is listed in Supreme Court for hearing in September. Before that, the petitioner Vishwanath Chaturvedi filed an affidavit last week claiming that the documents annexed by Mulayam are forged. The petitioner pointed out that these documents formed the basis of a news report in March 2009 alleging that CBI was protecting Mulayam and his kin. CBI filed a defamation case against the media persons for defaming CBI officials.
The reporters produced these documents in defence of their stories. Upon forensic examination, the CBI concluded in its final report of December 28, 2012 that the two status reports and a note by DIG Tilottama Verma were all forged and were never prepared by CBI. The petitioner has questioned how Mulayam got access to such forged documents and why he tried to mislead Court on this basis.
Also, CBI acknowledged that only one status report was prepared by the agency on October 26, 2007, which held that a case under Prevention of Corruption Act was warranted against Mulayam and kin.
But in a U-turn, the CBI in the present petition pending before the Supreme Court, gave a response on May 9, 2019 claiming that the preliminary enquiry in the case against Mulayam, Akhilesh and Pratik got over on August 7, 2013 following which a closure report was submitted to the Central Vigilance Commission (CVC) on October 8, 2013.
But even this statement has come under cloud as Chaturvedi approached CVC under Right to Information (RTI) Act to verify this claim. The CVC replied on July 5, 2019 that no such report is available with it. Chaturvedi claimed that once SC ordered CBI to probe the matter, CBI ought to have filed a regular case (RC) and by not doing so, the agency is guilty of shielding Mulayam.