Law Kumar Mishra
Patna: Samajwadi Party (SP) president Mulayam Singh Yadav, who was thrice CM of UP and defence minister of the country, was perhaps not aware that he breached the provisions of the laws of the land by declaring that he was saved from going to jail by Amar Singh, a Rajya Sabha MP from Uttar Pradesh.
Mulayam while addressing the party workers and chiding his CM son Akhilesh Yadav recently fewsaid, “Amar Singh is the one who saved me from going to jail. Because of his help, I did not go to jail in the alleged crime for which the minimum punishment is seven years imprisonment.”
Mulayam’s cousin and another Rajya Sabha member Ram Gopal Yadav next day explained Amar Singh had helped him gettng out of a disproportionate assets (DA) case registered by CBI on orders of the Suprem Court. Ramgopal asked, “Did Amr Singh influence the CBI and the Apex court?”
For his statement, Mulayam alongwith Amar Singh, can be tried under different sections of the IPC and Prevention of Corruption Act. His claim is an admission of the fact that Amar Singh used his influence on the investigating agency to ensure Mulayam escaped punishment for the crime for which punishment is not less then 7 years imprisonment. Did Amar Singh interrupt in a judicial proceeding or intervene in the investigations of a case by an agency? Did Mulayam deliberately insult the judiciary through his public claim. He had concealed the fact so far that he had allegedly committed a crime for which punishment was seven years jail term.
His speech can be described as criminal misconduct of a public servant under the Prevention of Corruption Act. Did Amar Singh, as member of Rajya Sabha, influence the proceedings of investigation agency to facilitate Mulayam Singh Yadav was safe from judicial proceedings too?
Both Mulayam and Amar Singh can be tried on the charges of influencing the investigating agency and the court. Vishwanath Chaturvedi, an advocate, had filed a PIL in Supreme Court. Justice Altams Kabir and Justice A R Lakshmanan, on March 1, 2007, had ordered CBI to register a preliminary enquiry into the allegations that Mulayam had amassed wealth Rs 100 crore betwen 1999-2005. In September 2013 ,the CBI said it was closing the case for want of evidence and submitted status report (PE/2/A/2007/ACU/IV/CBI) to the Supreme Court. One is not sure whether Mulayam was referring to this case in which Amar Singh helped him?
On May 28,2015, in the 17th meeting of Ganga flood control commission held here,senior SP leader and Mulayam’s brother Shivpal Yadav had represented UP as its irrigation minister. Union minister Uma Bharti was presiding over the meeting. While the visiting irrigation ministers of six states were having lunch with Bihar CM Nitish Kumar on the ground floor of State Guest house, officers of UP government were on the first floor. In informal exchange with the officers, one of them was from Bihar, there was clear indication that Shivpal Yadav was the de-facto CM. A secretary rank IAS officer said, “Our constitutional CM is Akhileshji, but there were half a dozen CMs giving instructions to the officers. Of them , Shivpal is most powerful and next only to Mulayam Singh Yadav.”Shivpal had come to Patna in the UP government state plane while ministers from other states had come by commercial flights.
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