MAYAWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question raised in this writ petition, filed under Article 32 of the Constitution of India, is as to whether FIR No. R.C. 0062003A0019 dated 05.10.2003 lodged under Section 13(2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act") against the petitioner herein to investigate into the matter of alleged disproportionate assets is beyond the scope of the directions passed by this Court in the order dated 18.09.2003 in I.A. No. 376 of 2003 in W.P. (C) No. 13381 of 1984 titled M.C. Mehta vs. Union of India and Others, 2003 8 SCC 696

(2.) The case of the petitioner as stated in the writ petition, is summarized hereunder:

(3.) Pursuant to the notice issued on 15.05.2008, the CBI-Respondent No.2 herein has filed its counter affidavit wherein it was stated that in the order dated 18.09.2003 of this Court, there was a clear direction to register an FIR for investigating into disproportionate assets of the petitioner on the ground that in the said order it was mentioned that "apart from what has been stated in the reports with regard to the assets, the learned ASG Mr. Altaf Ahmad has submitted that further inquiry/investigation is necessary by the CBI". It is further stated that the validity of the aforesaid FIRs was not disturbed by the Allahabad High Court by its order dated 22.10.2003 on the ground that the FIR in question was filed as per the directions of this Court. It is further stated by the CBI that the FIR No. RC 19 dated 05.10.2003 under Section 13(2) read with Section 13(1)(e) of the PC Act reveal the details of huge amount of disproportionate assets possessed by the petitioner and her family members beyond their known sources of income.