AKHILESH YADAV ETC. ETC.versusVISHWANATH CHATURVEDI & ORS.

                    [2012] 13 S.C.R. 949


               AKHILESH YADAV ETC. ETC.                             A
                               v.
           VISHWANATH CHATURVEDI & ORS.
        (Review Petition (Civil) No. 272 of 2007 etc.)
                               IN
           (Writ Petition (Civil) No. 633 of 2005)                  B
                   DECEMBER 13, 2012.

      [ALTAMAS KABIR, CJI., AND H.L. DATTU, J.]

      Code of Civil Procedure, 1908 - Order 47 - Review             C
petition - Maintainability, scope and ambit of - Writ petition
(PIL) before Supreme Court for direction to prosecute four
members of a political family (respondent nos. 2 to 5) under
the Prevention of Corruption Act for acquiring assets more
than the known source of their income - Court directing the         o
CBI to submit its report with UOI and liberty was given to UOI
to take further steps - Order challenged in review - Held: The
order under review was neither irregular nor without jurisdiction
- Supreme Court has jurisdiction to direct CBI inquiry in the
matter - Review of a judgment is permissible on account of          E
error on the face of the record - Such error has to be decided
in the facts of the case - An erroneous decision by itself does
not warrant a review - The judgment under review does not
suffer from any error apparent on the face of the record except
for the directions given in the case of respondent no. 4 -
                                                                    F
Investigation launched against respondent no. 4 liable to be
dropp(Jd since she was not holding any public office or
Government post, and was essentially a private person - The
Court's direction to CBI to submit its Inquiry Report to UOI is
erroneous since CBI is an independent body and not under
obligation to report to UOI - Such a course is not contemplated     G
in the scheme of Delhi Special Police Establishment Act -
Direction given to CBI to take independent action, as it
considers fit - Delhi Special Police Establishment Act, 1946

                              949                                   H
    950      SUPREME COURT REPORTS           [2012] 13 S.C.R.


A - Supreme Court Rules, 1966 - Order 40 - Constitution of
  India, 1950 - Articles 32 and 137 - Prevention of Corruption
  Act, 1988.

       The Writ petition (PIL) was filed against respondent
  Nos. 2 to 5 before this Court seeking direction to
8 prosecute respondent Nos. 2 to 5 under Prevention of
  Corruption Act, 1988 for acquiring assets more than the
  known source of their income, by misusing their power
  and authority. This Court by order dated 1.3.2007 directed
  Central Bureau of Investigating (CBI) to inquire into the
C allegations relating to acquisition of wealth by respondent
  Nos. 2 to 5, and to find out as to whether there was any
  truth in the allegations. Respondent Nos. 2 to 5 filed
  petitions for review of the order.

o     The main questions for consideration were whether
  the High Court or Supreme Court had jurisdiction to direct
  a CBI Inquiry and whether the investigation and/or inquiry
  could also be extended to the assets of respondent No.
  4, though she neither held any post under the
E Government nor was she involved in the activities of her
  husband or father-in-law (two other respondents).

          Disposing of the Review Petition, the Court

      HELD: 1.1 Review of a judgment on account of some
F mistake or error apparent on the face of the record is
  permissible, but an error apparent on the face of the
  record has to be decided on the facts of each case, as
  an erroneous decision by itself does not warrant a review
  of each decision. [Para 1] [955-C-D]
G
         1.2 The scope and ambit of a review proceeding is
    limited and the order dated 1st March, 2007, in respect of
    which review has been sought, was neither irregular nor
    without jurisdiction and was passed after considering the
    submissions made on b'ehalf of the respective parties.
H
      AKHILESH YADAV ETC. v. VISHWANATH                 951
                 CHATURVEDI

The review proceedings cannot be converted into an             A
appeal. [Para 30] [969-B-C]

     2.1 A direction by- the High Court, in exercise of its
jurisdiction :.mder Article 226 of the Constitution, to the
CBI to investigate a cognizable offence alleged to have        8
 been committed within the territory of a State, without-the
consent of that State will neither impinge upon the
federal structure of the Constitution nor violate the
doctrine of separation of power and shall be valid in law.
 Being the protectors of civil liberties of the citizens,      C
Supreme Court and the High Courts have not only the
power and jurisdiction but also an obligation to protect
the fundamental rights, guaranteed by Part Ill in general
and under Article 21 of the Constitution in particular,
zealously and vigilantly. However, the power which is
vested in the superior courts should be exercised              D
sparingly, cautiously and in exceptional situations where
it becomes necessary to provide credibility and instill
confidence in investigations or where the incident may
have national and international ramifications or where
such an order may be necessary for doing complete              E
justice and enforcing fundamental rights. [Paras 26 and
27) [967-F-H; 968-A-C]

     Supreme Court Bar Association Vs. Union of India and
Anr. (1998) 4 sec 409: 1998 (2) SCR 795 - relied on.           F

     2.2 This Court had jurisdiction to direct the CBI to
make an inquiry into the accumulation of wealth by the
political leader and his family members in excess of their
known source of income, based on the allegations made
in the writ petition. By its judgment dated 1st March, 2007, G
this Court merely directed an investigation into the
allegations made in the writ petition and to submit a report
to the Union Government. [Para 28] [968-D-E]

    State of West Bengal and Ors. Vs. The Committee for H
    952     SUPREME COURT REPORTS             [2012] 13 S.C.R.


A   Protection of Democratic Rights, West Bengal and Ors. 2006
    (12) sec 534 - followed.

       3. The judgment under review does not suffer from
  any error apparent on the face of the record, except for
8 the directions given in the case of respondent No. 4.
  When the order under review was passed, respondent
  No. 4 in the writ petition had neither held any Public Office
  nor Government post and was essentially a private
  person notwithstanding her proximity to the two political
C leaders. The investigation launched against her on the
  issue of amassing wealth beyond her known source of
  income, is liable to be dropped. The Review Petition, so
  far as respondent No. 4 is concerned, is, accordingly,
  allowed and the investigation conducted by the CBI
  against her should, therefore, be dropped. [Paras 29 and
D 31] [968-F-H; 969-A, C-D]
       4. While disposing of the writ petition and directing
  the CBI to inquire into the alleged acquisition of wealth
  by respondent Nos. 2 to 5, the CBI was directed to submit
E a report to the Union of India and on receipt of such
  report, the Union of India was given the liberty to take,
  further steps depending upon the outcome of the
  preliminary inquiry into the assets of the said
  respondents. Since, the CBI is an independent body and
F is under no obligation to report to the Union of India in
  regard to investigations undertaken by it, the direction to
  submit a report of the inquiry to the Union of India and
  the liberty given to the Union of India to take further steps
  on such report is not contemplated in the scheme of the
  Delhi Special Police Establishment Act, 1946. It is for the
G CBI to decide what steps it wishes to take on the basis
  of the inquiry conducted. Therefore, the order dated 1st
  March, 2007 is modified and the directions given to the
  CBI to submit a report of its inquiry to the Union of India
  and the liberty given to the Union of India to take further
H steps on such report, is directed to be deleted from the
       AKHILESH YADAV ETC. v. VISHWANATH                953
                  CHATURVEDI

• order. The CBI may take such independent action, as it       A
  considers fit, on the basis of the inquiry conducted by it
  pursuant to the directions given by this Court in the
  judgment under review, without seeking any direction
  from the Union of India or on the basis of any direction
  that may be given by it. [Paras 31 and 32) [969-D-G; 970-    B
  B]
      Common Cause, A Registered Society Vs. Union of India
 and ors.(1999) 6 sec 667: 1999 (3) SCR 1279; A.R.
 Antulay Vs. R.S. Nayak(1988) 2 SCC 602:1988 (1) Suppl.
 SCR 1; Supreme Court BarAssociation Vs. Union of India        C
 (1998) 4 SCC 409: 1998 (2) SCR 795; Mohd. Anis Vs.
 Union of India (1994) Supp. 1 SCC 145: 1993 (1) Suppl.
 SCR 263; Textile Labour Association Vs. OfficialLiquidator
 (2004) 9 SCC 741: 2004 (3) SCR 1161; M.S. AhlawatVs.
 State of Haryana (2000) 1 SCC 278: 1999 (4) Suppl. SCR        D
 160;Advance Insurance Company Vs. Gurudasmal (1970) 3
 SCR 881 ;Kazi Lhendup Dorzi Vs. CBI (1994) Supp. 2 SCC
 116; Prem ChandGarg Vs. Excise Commissioner, U.P.,
 Allahabad (1962) Supp. 1 SCR885; State of West Bengal
 Vs. Sampat Lal (1985) 1 SCC 317: 1985 (2) SCR 256 ;           E
 Bihar State Construction Co. Vs. Thakur Munendra Nath
 Sinha (1988) Supp. SCC 542; King Emperor Vs. Khwaja
 NazirAhmed AIR 1945 PC 18; Bhajan Lal Vs. State of
 Haryana (1992)Supp. 1 SCC 335: 1990 (3) Suppl. SCR
 259; Parsion Devi Vs.Sumitri Devi (1997) 8 SCC 715: 1997      F
 (4) Suppl. SCR 470; Sir Hari Shankar Pal and Anr. Vs.
 Anath Nath Mitter and Ors. (1949) FCR 36 - Cited.

                      Case Law Reference:
      1999 (3) SCR 1279            Cited           Para 8      G

      1988 (1) Suppl. SCR 1        Cited           Para 9
      1998 (2) SCR 795 ·           Cited           Para 9
      1993 (1) Suppl. SCR 263      Cited           Para 13
                                                               H
    954       SUPREME COURT REPORTS              [2012] 13 S.C.R.


A          2004 (3) SCR 1161             Cited           Para 13
          1999 (4) Suppl. SCR 160        Cited           Para 13
          (1970) 3 SCR 881               Cited           Para 14
          (1994) Supp. 2 sec 116         Cited           Para 14
B
          (1962) Supp. 1 SCR 885         Cited           Para 15
          1985 (2) SCR 256               Cited           Para 17
          (1988) Supp. sec 542           Cited           Para 17
c
          AIR 1945 PC 18                 Cited           Para 17
          1990 (3) Suppl. SCR 259        Cited           Para 17
          1997 (4) Suppl. SCR 470        Cited           Para 21
D         (1949) FCR 36                  Cited          Para 21
          2006 c121 sec 534              Followed       Para 25
          1998 (2) SCR 795               Relied on      Para 27

E         CIVIL ORIGINAL JURISDICTION

        Review Petition (Civil) No. 272 of 2007 in W.P. {C) No.
    633 of 2005.
                                  WITH
F R.P. (C) Nos. 339, 347 and 348 of 2007.

       Mohan Parasaan, ASG, Uday U. Lalit, Rakesh Dwivedi,
  KTS Tulsi, Gaurav Bhatia, lrshad Ahmad, Faizal Sherwani (for
  Bhatia & Co.), A.D.N. Rao, Atul Sharma, Nitesh Jain, Ejaz
G Maqbool, Adarsh Upadhyay (for Bhatia & Co.), Nikhil Sharma
  for Bhatia & Co.), T.A. Khan, Arvind Kumar Sharma, S.N. Terdal
  Raj Kamal, Santosh Kumar Tripathy, Maheen Pradhan and
  Neha Gupta for the appearing parties, Ashutosh Srivastava
  (applicant-in-person).
H         The Judgment of the Court was delivered
       AKHILESH YADAV ETC. v. VISHWANATH                      955
                  CHATURVEDI
      ALTAMAS KABIR, CJI. 1. Certain questions of fact and A
law were raised on behalf of the parties when the review
petitions were heard. Review petitions are ordinarily restricted
to the confines of the principles enunciated in Order47 of the
Code of Civil Procedure, but in this case, we gave counsel for
the parties ample opportunity to satisfy us that the judgment and B
order under review suffered from any error apparent on the face
of the record and that permitting the order to stand would
occasion a failure of justice or that the judgment suffered from
some material irregularity which required correction in review.
The scope of a review petition is very limited and the c
submissions advanced were made mainly on questions of fact.
As has been repeatedly indicated by this Court, review of a
judgment on account of some mistake or error apparent on the
face of the record is permissible, but an error apparent on the
face of the record has to be decided on the facts of each case .
                                                                  0
as an erroneous decision by itself does not warrant a review
of each decision. In order to appreciate the decision rendered
on the several review petitions which were taken up together
for consideration, it is necessary to give a background in which
the judgment and order under review came to be rendered.
                                                                      E
      2. One Vishwanath Chaturvedi, claiming to be an
Advocate by profession and unconnected with any political party
or parties, filed Writ Petition (Civil) No.633 of 2005, inter alia,
for the following relief :-
                                                              F
     "(a) issue an appropriate writ in the nature of mandamus
     directing Respondent No.1 to take appropriate action to
     prosecute Respondent Nos.2 to 5 under the Prevention of
     Corruption Act, 1988, for acquiring amassed assets more
     than the known source of their income by misusing their G
     power and authority;"
     3. In the Writ Petition, the Writ Petitioner provided instances
of the wealth allegedly acquired by the said Respondents
beyond their known source of income. After a contested
hearing, this Court was of the view that the inquiry should not H
    956      SUPREME COURT REPORTS               [2012] 13 S.C.R.


A   be shut out at the threshold because political elements were
    involved. The prayer in the Writ Petition was, therefore,
    moulded and the same was disposed of on 1st March, 2007,
    with a direction upon the Central Bureau of Investigation,
    hereinafter referred to as the "CBI", to inquire into the
B   allegations relating to acquisition of wealth by the Respondent
    Nos.2 to 5. The CBI was also directed to find out as to whether
    there was any truth in the allegations made by the Petitioner
    regarding acquisition of assets by the said Respondents
    disproportionate to their known source of income and to submit
C   a report to the Union of India which could take further steps in
    the matter.

        4. Soon, thereafter, the Respondent Nos.2 to 5 filed
  Review Petitions for review of the aforesaid judgment dated 1st
  March, 2007 in Writ Petition (Civil) No.633 of 2005 and the
D same was directed to be posted before the Court on 16th
  March, 2007. Subsequently, the Review Petitions were placed
  for hearing before the Court on 20th March, 2007 and ultimately
  on 10th February, 2009, the Court directed notice to issue
  thereupon. On 1st April, 2009, when the Review Petitions were
c taken up for hearing, a submission was made on behalf of the
  Review Petitioners that one of the questions, which could have
  a vital bearing on the matters, related to the question as to
  whether the Court could issue directions to the CBI,
  notwithstanding the provisions of Section 6 of the Delhi Special
F Police Establishment Act, 1946, which was under consideration
  of the Constitution Bench in Civil Appeal Nos.6249-6250 of
  2001 filed by the State of West Bengal. The hearing of the
  Review Petitions was, therefore, adjourned till a decision was
  pronounced by the Constitution Bench in the above Appeals.
G The Constitution Bench ultimately held that the High Court was
  within its jurisdiction in directing the CBI to investigate into a
  cognizable offence alleged to have been committed within the
  territory of a State without the consent of that State and the
  same would neither impinge upon the federal structure of the
H Constitution nor violate the doctrine of separation of powers
       AKHILESH YADAV ETC. v. VISHWANATH                         957
        CHATURVEDI [ALTAMAS KABIR, CJI.]

and would be valid in law. However, a note of caution was also           A
given and it was further observed that the extra-ordinary power
conferred by Articles 32 and 226 of the Constitution of India
has to be exercised sparingly, cautiously and in exceptional
situations where it becomes necessary to provide credibility
and instill confidence in investigations or where the incident may       B
have national and international ramifications or where such an
order may be necessary for doing complete justice and
enforcing fundamental rights.

     5. Thereafter, the Review Petitions were again taken up             C
for hearing on 8th February, 2011.

    6. Five broad propositions were canvassed on behalf of
the Review Petitioner, Shri Akhilesh Yadav, namely,

      (i)     Can this Court direct a CBI inquiry without the            o
              consent of the State concerned?

      (ii)    Does a Court have jurisdiction to refer the matter
              to the CBI for investigation without forming a opinion
              as to whether a prima facie case of the
              commission of an offence had been made out?                E

      (iii)   Can the Supreme Court order a CBI investigation
              without expressly invoking its jurisdiction under
              Article 142 of the Constitution of India?
                                                                         F
      (iv)    Could the Supreme Court have entertained the Writ
              Petition filed by the Respondent No.1 in the Review
              Petition under the garb of a public interest litigation?
              and

      (v)     Does the judgment and order dated 1st March,               G
              2007, passed in Writ Petition (Civil) No.633 of
              2005 warrant a review thereof?

    7. Mr. Rakesh Dwivedi, learned Senior Advocate,
appearing for the Review Petitioners, Shri Akhilesh Yadav and            H
    958     SUPREME COURT REPORTS                [2012] 13 S.C.R.


A Smt. Dimple Yadav did not press the first proposition, since,
  as indicated hereinbefore, the said question had been settled
  by the Constitution Bench.

        8. On the second proposition, Mr. Dwivedi urged that in
B the decision rendered by this Court in Common Cause, A
  Registered Society Vs. Union of India & Ors. [(1999) 6 SCC
  667], a Bench of three Judges of this Court had specifically
  held that the CBI should not be involved in an investigation
  unless a prima facie case is found and established against the
C accused. Mr. Dwivedi pointed out that this Court had inter alia
  observed that the right to life engrained in Article 21 of the
  Constitution means something more than mere survival or
  animal existence. A man had, therefore, to be left alone to enjoy
  life without fetters and should not be allowed to be hounded
  either by the police or CBI only to find out as to whether he had
0
  committed any offence or was living as a law abiding citizen.
  This Court also observed that even under Article 142 of the
  Constitution, this Court could not issue such a direction ignoring
  the substantive provisions of law and the constitutional rights
  available to a person.
E
        9. On the third proposition relating to cases where this
  Court had directed the CBI to investigate, Mr. Dwivedi
  submitted that there were cases involving gross atrocities and
  State apathy and there were also cases which stand on a
F different footing and are concerned with corruption. Learned
  counsel submitted that in the present case no prima facie case
  of corruption had been established against the review
  petitioners and/or any of the proforma respondents and,
  accordingly, the direction given to the CBI to conduct
G investigations against them was ex facie illegal. Referring to
  various judgments in which directions had been given by this
  Court to the CBI to conduct investigation, there were special
  reasons for doing so in each case and not without a prima facie
  case having been made out against them in such cases. Mr.
H Dwivedi urged that the CBI has no jurisdiction to inquire or
       AKHILESH YADAV ETC. v. VISHWANATH                    959
        CHATURVEDI [ALTAMAS KABIR, CJI.]

investigate into a matter where there is no material to show        A
prima facie that an offence has been committed. Mr. Dwivedi
submitted that in the case of A.R. Antu/ay Vs. R.S. Nayak
[(1988) 2 SCC 602], this Court had held that no jurisdiction can
be conferred beyond the scope of the Act by Courts of law even
with consent. He also urged that in the case of Supreme Court       B
Bar Association Vs. Union of India [(1998) 4 SCC 409], this
Court had observed that even the powers under Article 142 of
the Constitution vested in this Court could not be exercised in
a manner which was contrary to the Statute. It is only on account
of special reasons where it was felt that an investigation by the   c
local police would prove to be ineffective, that directions had
been given to the CBI to take up the investigation. Mr. Dwivedi
submitted that there were no such special reasons in the instant
case which warranted the directions being given to the CBI to
conduct investigation into the allegations of corruption and        o
police excesses as well as human rights violations.

     10. As far as Smt. Dimple Yadav is concerned, Mr. Dwivedi
submitted that except for the fact that she is the wife of Akhilesh
Yadav, who had been a Member of Parliament since 2000,
there is no other ground to treat her as a public servant for the E
purposes of inquiry by the CBI. Mr. Dwivedi submitted that Smt.
Dimple Yadav carried on her own business in agricultural
produce and had her own income which had been wrongly
clubbed by the Writ Petitioner with the assets of Shri Akhilesh
Yadav to bring her within the ambit of the investigation by the F
CBI under the provisions of the Prevention of Corruption Act. It
was further submitted that there is also no allegation that Smt.
Dimple Yadav had, in any way, aided or abetted any public
servant to commit any act which could have attracted the
provisions of the Prevention of Corruption Act and including G
Smt. Dimple Yadav i.n the inquiry against those who could be
said to be public servants, amounts to harassment of a private
individual having a separate source of income in respect of
which no offence under the aforesaid Act could be made out.
Mr. Dwivedi contended that the inquiry directed to be conducted H
    960      SUPREME COURT REPORTS                 [2012] 13 S.C.R.


A by the CBI in relation to the assets held by Shri Adkhilesh Yadav
  and Smt. Dimple Yadav was contrary to the procedure
  established by law and could not have been ordered even upon
  invocation of powers under Article 142 of the Constitution and
  was, therefore, liable to be set aside in review.
B
          11. As far as the fourth proposition is concerned, as to
    whether the Supreme Court could have entertained the writ
    petition filed by the Respondent No.1 in the review petition in
    the garb of Public Interest Litigation, Mr. Dwivedi submitted that
    the writ petitioner had not made any specific allegation against
C   the review petitioners which merited a direction by the Court
    to the CBI to conduct an investigation into the allegations
    relating to acquisition of wealth by the Respondent Nos.2 to 5
    in the writ petition, beyond their known sources of income.
    Furthermore, the Writ Petitioner had links with the Indian
D   National Congress, although, he had denied any connections
    with the Congress Party. Mr. Dwivedi urged that the
    Respondent No.1 herein had no locus standi to maintain the
    writ petition as a Public Interest Litigation, since it was more
    of a personal enmity rather than a public cause which had
E   resulted in the filing of the writ petition. Mr. Dwivedi submitted
    that the entire exercise had been undertaken to malign the
    Respondent Nos.2 to 5 and was without any factual basis and
    the writ petition had been filed only to harass the Respondent
    No.2 to 5 therein and to tarnish their reputation amongst the
F   people of Uttar Pradesh and also other parts of the country. Mr.
    Dwivedi submitted that the writ petition had been filed with the
    mala fide intention of discrediting the Review Petitioner and his
    family members in the eyes of the local public and to adversely
    affect their political fortunes in the State.
G
         12. In addition to Mr. Dwivedi's submissions, Mr. Mukul
    Rohatgi, learned Senior Advocate, who also appeared for Smt.
    Dimple Yadav, submitted that merely because she belongs to
    a family of politicians, she had been included within the ambit
    of the scope of the investigation which was unwarranted, since
H
       AKHILESH YADAV ETC. v. VISHWANATH                      961
        CHATURVEDI [ALTAMAS KABIR, CJI.]

it did not have any nexus with the objects sought to be achieved      A
by such an inquiry.

       13. Mr. Rohatgi also submitted that since despite his denial
 it was amply clear that the Writ Petitioner, Mr. Vishwanath
Chaturvedi, was a representative of the Congress Party, the           B
Writ Petition ought to have been dismissed in limine. Mr.
 Rohatgi submitted that the explanation given in the judgment
 under review for invoking the Court's powers under Article 142
of the Constitution relying on the decision of this Court in Mohd.
Anis Vs. Union of India [(1994) Supp. 1 SCC 145], needed a            C
second look in view of the decision in the Supreme Court Bar
Association case (supra). Mr. Rohatgi submitted that in Mohd.
Anis's case (supra), it had been held that in order to do
complete justice, the Supreme Court's power under Article 142
of the Constitution was not circumscribed by any statutory
 provision, and the Supreme Court could direct an investigation       D
 by the CBI into an offence committed within a State without a
 notification or order having been issued in that behalf, in public
 interest, to do complete justice in the circumstances of a
particular case. However, in exercise of its powers under Article
 142 of the Constitution, the Supreme Court should not direct a       E
fishing inquiry without reference to the facts and circumstances
of the offence of disproportionate assets under the Prevention
of Corruption Act, 1988. Mr. Rohatgi urged that subsequently
in the Supreme Court Bar Association case (supra), this Court
held that the powers conferred on this Court under Article 142        F
of the Constitution are inherent in the Court and are
complementary to those powers which are specifically
conferred on the Court by various Statutes, though not limited
by those Statutes. These powers exist independent of the
Statutes with a view to do complete justice between the parties.      G
However, the powers conferred on the Court under Article 142
of the Constitution, being curative ·in nature, cannot be construed
as powers which authorize the Court to ignore the substantive
rights of a litigant while dealing with the cause pending before
it. It was further observed that "Article 142, even with the width    H
    962     SUPREME COURT REPORTS                 [2012] 13 S.C.R.


A of its amplitude, cannot be used to build a new edifice where
  none existed earlier, by ignoring express statutory provisions
  dealing with a subject and thereby to achieve something
  indirectly which cannot be achieved directly. The very nature of
  the power must lead the Court to set limits for itself within which
B to exercise those powers and ordinarily it cannot disregard a
  statutory provision governing a subject, except perhaps to
  balance the equities between the conflicting claims of the
  litigating parties by 'ironing out the creases' in a cause or matter
  before it." It was submitted that the decision in the Supreme
c Court Bar Association case (supra) cannot be reconciled with
  the reasoning of the decision in Mohd. Anis's case (supra). Mr.
  Rohatgi submitted that all the decisions rendered subsequent
  to the decision rendered in the Supreme Court Bar
  Association case (supra), following the earlier decision in
D Mohd. Anis's case (supra), were per incuriam. In support of
  his submission, Mr. Rohtagi referred to the decision of this
  Court in Textile Labour Association Vs. Official Liquidator
  [(2004) 9 sec 741] wherein while examining the plenary power
  of this Court under Article 142 of the Constitution, it referred to
  the decision in the Supreme Court Bar Association case
E (supra). Mr. Rohatgi concluded on the note that under Article
  142 of the Constitution, the Supreme Court could always correct
  any error made by it and to that effect it could recall its own
  order, as was held in M.S. Ahlawat Vs. State of Haryana
  [(2000) 1 sec 278].
F
       14. Mr. Ashok Desai, learned Senior Advocate, who
  appeared for Shri Mulayam Singh Yadav, the Review Petitioner
  in Review Petition (C) No.339 of 2007, based his submissions
  mainly on the powers of the Supreme Court to direct the CBI
G to conduct an investigation in respect of an offence committed
  within a State, without the consent of the State Government as
  envisaged in Section 6 of the Delhi Special Police
  Establishment Act, 1946, hereinafter referred to as 'the 1946
  Acf. Mr. Desai attempted to distinguish the decisions rendered
H by this Court in the case of Advance Insurance Company Vs.
      AKHILESH YADAV ETC. v. VISHWANATH                       963
       CHATURVEDI [ALTAMAS KABIR, CJI.]

                                   =
Gurudasmal [(1970) 3 SCR 881 (1970) 1 SCC 633] and in                A
the case of Kazi Lhendup Dorzi Vs. CBI [(1994) Supp. 2 SCC
116]. Mr. Desai submitted that while in the first case, the
Government of Maharashtra had given its consent to the
investigation by the CBI, in the latter case the question involved
was not of grant of permission to investigate into the case, but     B
withdrawal of such consent which had already been granted.

     15. Mr. Desai reiterated the contentions, both of Mr.
Dwivedi and Mr. Rohatgi, that powers under Article 142 of the
Constitution could not be invoked in contravention of the .
provisions of a Statute and a fortiori the provisions of the C
Constitution. Mr. Desai also urged that in the Supreme Court
Bar Association case (supra) not only had the decision in
Mohd. Anis's case (supra) been referred to, but this Co1Jrt had
expressly disapproved the observation made therein by Mr.
V.C. Misra that the law laid down in Prem Chand Garg Vs. D
Excise Commissioner, UP., Allahabad [(1962) Supp. 1 SCR
885], in which it had been observed that despite the width of
the powers conferred on the Supreme Court by Article 142(1),
even this Court could not under the said provision make an
order which was plainly inconsistent with the express statutory E
provisions of substantive law, much less, inconsistent with any
constitutional provision, was no longer good law.

     16. Mr. Desai submitted that since the decision in the
Supreme Court Bar Association case (supra) had not been              F
considered by this Court while rendering the judgment under
review and the relief had been moulded without any discussion
on such issue, the judgment was liable to be reviewed.

     17. Dr. Rajiv Dhawan, Senior Advocate, who appeared for
the Respondent No.5, Shri Prateek Yadav, reiterated the              G
submissions made by Mr. Dwivedi, Mr. Rohatgi and Mr. Desai
in relation to the decision rendered by this Court in the
Supreme Court Bar Association case (supra). Dr. Dhawan
submitted that the CBI, as a statutory body for the purpose of
conducting criminal investigation in extra-ordinary                  H
    964      SUPREME COURT REPORTS                 [2012] 13 S.C.R.


A    circumstances with the consent of the State Government, could
     exercise powers within the limits and constraints of the Delhi
     Special Police Establishment Act, 1946, which fact had not
     been considered in the decisions rendered in State of West
     Bengal Vs. Sampat Lal [(1985) 1 SCC 317), Bihar State
B    Construction Co. Vs. Thakur Munendra Nath Sinha [(1988)
     Supp. SCC 542] and also in Mohd. Anis's case (supra). Dr.
     Dhawan submitted that within the constitutional framework, the
     CBI could not encroach upon the powers of the police of several
     States. Referring to Entry 80 in List I of the Seventh Schedule
c    to the Constitution and Article 239AA, Dr. Dhawan submitted
     that the Central Government was not entitled to extend the
     powers and jurisdiction of the members of the police force
     belonging to any area outside the State so as to enable the
     police of one State to exercise powers and jurisdiction in any
D    area outside that State without the consent of the State
     Government of that State in which such area is situated. Dr.
     Dhawan submitted that it was, therefore, clear that the direction
    given by this Court to the CBI, which is a creation of the Delhi
     Special Police Establishment Act, 1946, to investigate into a
     State subject, was contrary to the constitutional safeguards
E   engrafted in Entry 80 of List I of the Seventh Schedule to the
    Constitution. Reference was also made by Dr. Dhawan to the
    principles evolved by the Privy Council in King Emperor Vs.
    Khwaja Nazir Ahmed [AIR 1945 PC 18] and Bhajan Lal Vs.
     State of Haryana [(1992) Supp. 1 SCC 335], wherein it was
F   observed that judicial review is subject to the principles of
    judicial restraint and must not become unmanageable in other
    aspects relating to the power of the Union or State
    Governments. Reference was also made to Section 5 of the
    1946 Act which listed the classes of offences which may be
G   inquired into by the CBI.

       18. Dr. Dhawan also contended that while entertaining a
  public interest litigation, it was always necessary for the Court
  to be extra cautious since at the very initial stage no opportunity
H is given to the Respondent to state his case before notice is
       AKHILESH YADAV ETC. v. VISHWANATH                     965
        CHATURVEDI [ALTAMAS KABIR, CJI.]

issued and at times it could result in premature reference to        A
the CBI on a view short of a prima facie case, particularly where
the public interest litigation was politically motivated to
adversely affect the political consequences of the persons
involved. Dr. Dhawan lastly submitted that the direction given
to the CBI after completion of the inquiry to submit its report to   B
the Union of India was clearly contrary to law and could not be
sustained under any circumstances.

     19. In addition to the above petitions, we had also
considered I.A. Nos.16 and 17 of 2009 which had been filed           C
by one Shri Ashutosh Srivastava, who appeared in-person in
support of his application for being impleaded. Having heard
learned counsel for the Respondents and the Applicant in-
person, 'fie had reserved orders on the same.

      20. In the facts and circumstances of the case, we are not     D
inclined to implead Shri Srivastava in these proceedings and
his application for being impleaded stands rejected.

     21. Appearing for the Writ Petitioner, Vishwanath
Chaturvedi, Mr. K.T.S. Tulsi, learned Senior Advocate,               E
submitted that every order in which a mistake may be noticed
does not automatically call for a review and that the power of
review could be invoked only in circumstances as contained
in Order 47 Rule 1 of the Code of Civil Procedure (CPC).
Referring to the decision dated 16th June, 2008 of this Court        F
in State of West Bengal Vs. Kamal Sengupta and Anr. in Civil
Appeal No.1694 of 2006, Mr. Tulsi submitted that the term
"mistake or error apparent" which finds place in Order 47 Rule
1 CPC, by its very connotation signifies an error which is evident
per se from the record of the case and does not require any
detailed examination, scrutiny and elucidation either of the facts   G
or legal position. In fact, in Parsion Devi Vs. Sumitri Devi
[(1997) 8 sec 715] it was observed that if an error is not self-
evident and detection thereof requires long debate and process
of reasoning, it cannot be treated as an error apparent on the
                                                                     H
    966      SUPREME COURT REPORTS                 [2012] 13 S~C.R.


A face of the record for the purpose of Order 47 Rule 1 CPC. In
  other words, an order or decision or judgment cannot be
  corrected merely because it is erroneous in law or on the
  ground that a different view could have been taken on a point
  of fact or law, as the Court could not sit in appeal over its own
B judgment. Similar views were expressed by a Five-Judge
  Bench of the Federal Court in Sir Hari Shankar Pal and Anr.
   Vs. Anath Nath Mitter & Ors. [(1949) FCR 36], wherein it was,
  inter alia, observed that a decision being erroneous in law is
  certainly no ground for ordering review.
c         22. Various other decisions were also referred to which
    will only serve to duplicate the decisions of this Court on the
    said issue.

        23. As has been indicated in paragraph 5 of this judgment,
D five broad propositions were canvassed on behalf of the review
  petitioner, Shri Akhilesh Yadav, which were mainly confined to
  the jurisdiction of the High Court and the Supreme Court to
  direct a CBI inquiry in respect of an offence alleged to have
  been committed within a State, without the consent of the State
E concerned. Along with the above, the locus standi of the writ
  petitioner to maintain the writ petition was also raised on behalf
  of Shri Yadav. While the submissions on behalf of all the review
  petitioners were centered around the said two propositions, a
  specific issue was raised by Mr. Mukul Rohafgi as to whether
F the investigation and/or inquiry could also be extended to the
  assets of Smt. Dimple Yadav, wife of Shri Akhilesh Yadav, since
  she had neither held any post under the Government nor was
  she involved in the activities of her husband or father-in-law, Shri
  Mulayam Singh Yadav. The acquisition of wealth by her was
G attributed to her agricultural income and not to any source of
  income through her husband and her father-in-law.

      24. Same were the submissions made by Dr. Rajiv
  Dhawan, appearing for Shri Prateek Yadav, and, in addition, it
  was submitted that the said Respondent did not get a
H reasonable opportunity of stating his case before the judgment
      AKHILESH YADAV ETC. v. VISHWANATH                       967
       CHATURVEDI [ALTAMAS KABIR, CJI.]

was delivered in Writ Petition (C) No.633 of 2005 on 1st March,       A
2007

      25. As far as the first contention is concerned, the same
has been set at rest by the Constitution Bench in State of West
Bengal & Ors. Vs. The Committee for Protection of Democratic          B
Rights, West Bengal & Ors., being Civil Appeal Nos.6249-
6250 of 2001. In the very first paragraph of its judgment the
Constitution Bench set out the issue, which had been referred
to it for its opinion in the following terms :

    "The issue which has been referred for the opinion of the         C
    Constitution Bench is whether the High Court, in exercise
    of its jurisdiction under Article 226 of the Constitution of
    India, can direct the Central Bureau of Investigation (for
    short "the CBI"), established under the Delhi Special
    Police Establishment Act, 1946 (for short "the Special            D
    Police Act"), to investigate a cognizable offence, which is
    alleged to have taken place within the territorial jurisdiction
    of a State, without the consent of the State Go"'.ernment."

     26. After considering the various decisions on this point,
                                                                      E
as also Article 246 of the Constitution, the Constitution Bench
ultimately answered the reference in the manner following :

     "In the final analysis, our answer to the question referred
     is that a direction by the High Court, in exercise of its
     jurisdiction under Article 226 of the Constitution, to the CBI   F
     to investigate a cognizable offence alleged to have been
     committed within the territory of a State without the consent
     of that State will neither impinge upon the federal structure
     of the Constitution nor violate the doctrine of separation
    'Of power and shall be valid in ·law. Being the protectors        G
     of civil liberties of the citizens, this Court and the High
     Courts have not only the power and jurisdiction but also
     an      obligation to protect the fundamental rights,
     guaranteed by Part Ill in general and under Article 21 of
     the Constitution in particular, zealously and vigilantly."       H
     968     SUPREME COURT REPORTS                 (2012] 13 S.C.R.


.A      27. A note of caution was also given by the Constitution
  Bench, which, in fact, finds place in all the decisions relating to
  this issue, namely, that the power which is vested in the superior
  courts should be exercised sparingly, cautiously and in
  exceptional situations where it becomes necessary to provide
B credibility and instill confidence in investigations or where the
  incident may have national and international ramifications or
  where such an order may be necessary for doing complete
  justice and enforcing fundamental rights. The said note of
  caution is an echo of the observations made by this Court in
C Supreme Court Bar Association Vs. Union of India & Anr.
  [(1998) 4   sec   409], that such an inquiry by the CBI could be
  justified in certain circumstances to prevent any obstruction to
  the stream of justice.

        28. That this Court had jurisdiction to direct the CBI to make
D an inquiry into the accumulation of wealth by Shri Mulayam
  Singh Yadav and his family members in excess of their known
  source of income, based on the allegations made in the writ
  petition, cannot be questioned. By its judgment dated 1st
  March, 2007, this Court merely directed an investigation into
E the allegations made in the writ petition and to submit a report
  to the Union Government. The submissions made on behalf
  of the review petitioners in this regard, must, therefore, be
  rejected, except in regard to the direction given to the CBI to
  submit a report of its inquiry to the Union Government.
F
        29. In addition, the submissions made qua Smt. Dimple
  Yadav merits consideration, since when the order under review
  was passed, she had neither held any public office nor
  Government post and was essentially a private person
G notwithstanding her proximity to Shri Akhilesh Yadav and Shri
  Mulayam Singh Yadav. On reconsideration of her case, we are
  of the view that the investigation launched against her on the
  issue of amassing wealth beyond her known source of income,
  is liable to be dropped. The review petition, so far as Smt.
  Dimple Yadav is concerned, is, accordingly, allowed and the
H
       AKHILESH YADAV ETC. v. VISHWANATH                    969
        CHATURVEDI [ALTAMAS KABIR, CJI.]

investigation conducted by the CBI against her should,              A
therefore, be dropped.

     30. As far as the other revi~w petitioners are conperned,
we have to keep in mind the fact that the scope and ambit of a
review proceeding is limited and th~ order dated 1st March,         B
2007, in respect of which review has been sought, was neither
irregular nor without jurisdiction and was passed after
considering the submissions made on behalf of the respective
parties. The review proceedings cannot be converted· into an
appeal.
                                                                    c
      31. The judgment under review does not, in our view, suffer
from any error apparent on the face of the record, except for
the directions given in the case of Smt. Dimple Yadav. There
is another error which we ourselves are inclined to correct.
While disposing of the writ petition and directing tbe CBI to       D
inquire into the alleged acquisition of wealth by the Respondent
Nos.2 to 5, the CBI was directed to submit a report to the Union
of India and on receipt of such report, the Union of India was
given the liberty to take further steps depending upon the
outcome of the preliminary inquiry into the assets of the said      E
respondents. Since, the CBI is an independent body and is
under no obligation to report to the Union of India in regard to
investigations undertaken by it, the direction to submit a report
of the inquiry to the Union of India and the liberty given to the
Union of India to take further steps on such report is not          F
contemplated in the scheme of the Delhi Special Police
Establishment Act, 1946. It is for the CBI to decide what steps
it wishes to take on the basis of the inquiry conducted. We,
therefore, modify the order dated 1st March, 2007, and direct
that the directions given to the CBI to submit a report of its      G
inquiry to the Union of India and the liberty given to the Union
of India to take further steps on such report, be deleted from
the order.

     32. The review petitions are disposed of with the following
directions :                                                        H
    970         SUPREME COURT REPORTS              [2012J 13 S.C.R.


A         i)     The CBI shall drop the inquiry into the assets of the
                 Respondent No.4, Smt. Dimple Yadav, wife of Shri
                 Akhilesh Yadav;

          ii)    The CBI may take such independent action, as it
                 considers fit, on the basis of the inquiry conducted
B
                 by it pursuant to the directions given by this Court
                 in the judgment under review, without seeking any
                 direction from the Union of India or on the basis of
                 any direction that may be given by it.

C K.K.T.                             Review Petitions disposed of.