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SC notice to Mayawati on disproportionate assets
Tuesday October 09, 2012 08:29:03 PM,
IANS
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Related Article |
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SC quashes CBI probe against Mayawati in
graft case
In a major
breather for Bahujan Samaj Party (BSP) chief Mayawati, the Supreme
Court Friday quashed the Central Bureau of Investigation (CBI)
probe against her in a corruption case stemming from the Taj
Corridor case and related to assets disproportionate to her
income.
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New Delhi: The Supreme
Court Tuesday issued notice to former Uttar Pradesh chief minister Mayawati, the central government and the CBI on a petition seeking
that the probe agency continue with its investigation into the
alleged disproportionate assets of the BSP leader.
"I plead that this investigation should not be quashed," senior
counsel Shanti Bhushan told the apex court seeking the review of
its July 6, 2012 order.
The apex court bench of Justice P. Sathasivam and Justice Dipak
Misra issued notice on a petition seeking review of the top
court's July 6 order quashing a Sep 18, 2003 FIR filed by the
Central Bureau of Investigation (CBI) against her in a
disproportionate assets case.
The apex court by its July 6, 2012, order had quashed the Sep 18,
2003 FIR filed by the CBI in pursuance to its investigation into
alleged disproportionate assets of Bahujan Samaj Party (BSP)
supremo Mayawati.
The apex court had said that its direction for CBI probe was
confined to the disbursal of Rs.17 crore allocated for the Taj
Corridor case and could not be read to carry on for a roving
inquiry against the former Uttar Pradesh chief minister.
Senior counsel Shanti Bhushan, who appeared for petitioner Kamlesh
Verma, read out several orders of the apex court in the Taj
Heritage Corridor project case hearing wherein finding "serious
irregularities/illegalities" in carrying out the project the SC
had Sep 18, 2003, directed the investigating agency to undertake
investigation against Mayawati, her environment minister
Naseemuddin Siddiqui and other state government officials.
As Shanti Bhushan contended that the apex court order was not
limited to the disbursal of Rs.17 crore that were allocated for
the Taj Heritage Corridor project but into the overall allegation
of corruption and disproportionate assets of the former Uttar
Pradesh chief minister, the court said that it would issue notice
on the limited point of seeking clarification on the width of its
order.
The court, in the course of the arguments, told the senior counsel
that "there were several orders here and there leading nowhere
that is why we issued specific direction relating to the disbursal
of Rs.17 crore".
"Is it your case that this court is protecting Mayawati," Justice
Sathasivam asked the senior counsel as he persisted with the
contention that the CBI probe was not confined just to the
disbursal of Rs.17 crore but also into the allegations of
corruption and disproportionate assets of BSP leader.
The court told senior counsel Bhushan that CBI could investigate
the assets of Mayawati and there was no prohibition and it should
seek sanction from the state.
"Government will not do that (accord sanction). They protect each
other. That is why it was for the court to bring the offender to
book," Shanti Bhushan said, adding that "it is the duty of the
court to bring the offender to book".
When the court reiterated that its order to investigate disbursal
of Rs.17 crore in Taj Corridor case did not "debar the CBI from
undertaking investigation into the allegation of corruption and
amassing assets disproportionate to known sources of income",
senior counsel said "that is the problem they will not sanction
it".
The apex court by its July 6, 2012 order had while quashing the
FIR upheld Mayawati's contention that the FIR against her filed by
the CBI was mala fide and the misreading of the apex court's
orders in the Taj Corridor case.
The court said: "We finally conclude that anything beyond the Taj
Corridor matter was not the subject-matter of reference before the
Taj Corridor bench."
The court had said that "...after reading all the orders of this
court which are available in the 'compilation', we are satisfied
that this court being the ultimate custodian of the fundamental
rights did not issue any direction to the CBI to conduct a roving
inquiry against the assets of the petitioner (Mayawati) commencing
from 1995 to 2003...."
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