VISHWANATH CHATURVEDI versus UNION OF INDIA AND ORS.

VISHWANATH CHATURVEDI versus UNION OF INDIA AND ORS.

Since facts relating to disproportionate assets are disputed and require detailed inquiry, a writ of mandamus to prosecute respondents cannot be granted; instead, the Court directs the CBI to conduct a preliminary enquiry into the assets of respondent nos. 2-5 and submit a report to the Union of India for appropriate action.

Parties
Petitioner: Vishwanath Chaturvedi; Respondent: Union of India; Respondent: Mulayam Singh Yadav; Respondent: Shivpal Singh Yadav; Respondent: Akhilesh Yadav; Respondent: Dimple Yadav
Jurisdiction
India
Judgment Date
01 March 2007
Procedural Posture
Writ Petition (civil) No. 633 of 2005 (public Interest Litigation) / Final Disposition
Outcome
Prayer for direct prosecution denied; CBI directed to conduct preliminary enquiry and submit report to Union of India, which to take appropriate action.
Legal Topics
Public Interest Litigation, Corruption, Assets Disproportionate to Income
Constitutional Law Administrative Law Criminal Law Public Interest Litigation Corruption Assets Disproportionate to Income

Case Brief

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Parties

Vishwanath Chaturvedi

Petitioner

Union of India

Respondent

Mulayam Singh Yadav

Respondent

Shivpal Singh Yadav

Respondent

Akhilesh Yadav

Respondent

Dimple Yadav

Respondent

Procedural Posture

Writ Petition (civil) No. 633 of 2005 (public Interest Litigation) / Final Disposition

Legal Issues

  1. 1 Maintainability of PIL for allegations of disproportionate assets against public functionaries
  2. 2 Appropriate investigation mechanism for allegations of corruption involving disputed facts

Ratio Decidendi

Since facts relating to disproportionate assets are disputed and require detailed inquiry, a writ of mandamus to prosecute respondents cannot be granted; instead, the Court directs the CBI to conduct a preliminary enquiry into the assets of respondent nos. 2-5 and submit a report to the Union of India for appropriate action.

Court Disposition

Prayer for direct prosecution denied; CBI directed to conduct preliminary enquiry and submit report to Union of India, which to take appropriate action.

Orders

  • CBI directed to conduct preliminary enquiry into alleged acquisition of disproportionate assets by respondent nos. 2-5 and submit report to Union of India.
  • Registry directed to send all relevant documents in sealed cover to CBI for investigation.