Friday, Jan 17, 2014, 21:00 IST | Place: New Delhi | Agency: PTI
Eighteeen months after quashing a disproportionate assets (DA) case against BSP chief Mayawati
on a technical ground, the Supreme Court today asked why CBI did not file a fresh FIR in the case.
Holding that CBI should have got proper advice on registration of a fresh case against her after the
apex court quashed the FIR, a three-judge bench headed by Chief Justice P Sathasivam issued
notice and sought response from the former UP Chief Minister and the agency within four weeks.
The bench brushed aside the stiff opposition put forward by senior advocate and BSP member
Satish Mishra who opposed the plea, saying it is politically motivated.
"We expected that CBI should have got proper advice and acted on that basis," the bench said,
indirectly referring to its 2012 verdict by which it had quashed the DA case against Mayawati on a
technical ground and leaving the option open to the agency to lodge a fresh case against her.
"It is not for the court to pass order on every aspect," the bench said.
"Is it always the duty of the court to direct CBI," the court asked.
The CBI, which has reportedly decided to close the case against Myawati, will have to
explain to the apex court for not registering a fresh FIR.
By its July 2012 verdict, the court had quashed a nine- year-long DA case against Mayawati
on the ground that the agency proceeded against her without properly understanding its 2003
orders which were confined to the Taj Corridor case relating to release of Rs 17 crore by
UP government allegedly without sanction.
Thereafter, in May 2013, while reserving its decision on a plea seeking review of its July 2012
judgement, the apex court had clarified that its earlier verdict has not taken away CBI's power
to proceed against her in a separate DA case.
The apex Court was hearing a PIL filed by UP resident Kamlesh Verma seeking its direction to
CBI to register a fresh case against Mayawati.
Senior advocate Shanti Bhushan, appearing for the petitioner, contended that sufficient evidence
has already been collected by CBI during its probe and a charge sheet had been drawn against
Mayawati.
It would be a travesty of justice that despite there being well founded accusation, she is permitted
to go scot free, he contended.
"The situation is that despite there being credible evidence having been collected against her
indicating her disproportionate assets, she is moving scot free because after collection of evidence
and preparation of charge sheet, this Court has found that the investigation was without the authority
of law," the petition said.
"The inaction of the CBI in registering a fresh FIR against her after taking due sanction under the
Delhi Special Police Establishment Act despite there being credible evidence having been
collected against her of having disproportionate assets is clearly arbitrary and hence, violative
of the Constitution," it said.
source - dnaindia
Holding that CBI should have got proper advice on registration of a fresh case against her after the
apex court quashed the FIR, a three-judge bench headed by Chief Justice P Sathasivam issued
notice and sought response from the former UP Chief Minister and the agency within four weeks.
The bench brushed aside the stiff opposition put forward by senior advocate and BSP member
Satish Mishra who opposed the plea, saying it is politically motivated.
"We expected that CBI should have got proper advice and acted on that basis," the bench said,
indirectly referring to its 2012 verdict by which it had quashed the DA case against Mayawati on a
technical ground and leaving the option open to the agency to lodge a fresh case against her.
"It is not for the court to pass order on every aspect," the bench said.
"Is it always the duty of the court to direct CBI," the court asked.
The CBI, which has reportedly decided to close the case against Myawati, will have to
explain to the apex court for not registering a fresh FIR.
By its July 2012 verdict, the court had quashed a nine- year-long DA case against Mayawati
on the ground that the agency proceeded against her without properly understanding its 2003
orders which were confined to the Taj Corridor case relating to release of Rs 17 crore by
UP government allegedly without sanction.
Thereafter, in May 2013, while reserving its decision on a plea seeking review of its July 2012
judgement, the apex court had clarified that its earlier verdict has not taken away CBI's power
to proceed against her in a separate DA case.
The apex Court was hearing a PIL filed by UP resident Kamlesh Verma seeking its direction to
CBI to register a fresh case against Mayawati.
Senior advocate Shanti Bhushan, appearing for the petitioner, contended that sufficient evidence
has already been collected by CBI during its probe and a charge sheet had been drawn against
Mayawati.
It would be a travesty of justice that despite there being well founded accusation, she is permitted
to go scot free, he contended.
"The situation is that despite there being credible evidence having been collected against her
indicating her disproportionate assets, she is moving scot free because after collection of evidence
and preparation of charge sheet, this Court has found that the investigation was without the authority
of law," the petition said.
"The inaction of the CBI in registering a fresh FIR against her after taking due sanction under the
Delhi Special Police Establishment Act despite there being credible evidence having been
collected against her of having disproportionate assets is clearly arbitrary and hence, violative
of the Constitution," it said.
source - dnaindia
No comments:
Post a Comment