Supreme Court to hear petition against Mayawati in disproportionate assets case
New Delhi: Even as the CBI gave a clean chit to BSP leader and former Uttar Pradesh Chief Minister Mayawati, the Supreme Court on Wednesday admitted a PIL seeking registration of a fresh FIR against her in a disproportionate assets case.
Attorney General Mukul Rohatgi, appearing for the CBI informed a Bench of Justices Anil R. Dave and A.K. Goel that there was no material available for filing a fresh FIR in disproportionate assets case.
He said the Income Tax department and the Delhi High Court had given a clean to Ms. Mayawati and the CBI has accepted this position and hence no new case can be filed against her.
Rejecting the arguments for dismissal of the PIL, the bench observed that it will examine whether there was any substance in the plea for registration of a fresh FIR under the Prevention of Corruption Act. It admitted the PIL and posted it for final hearing. The CBI in its counter affidavit to a writ petition filed by Kamlesh Verma seeking a direction for filing fresh FIR in the DA case for the period 1997 to 2003, said the apex court after examining all the records had quashed the FIR filed earlier.
Thereafter, the Income Tax department considered the matter and accepted the explanation of Ms. Mayawati and the order passed by the Income Tax Appellate Tribunal in this regard was upheld by the Delhi High Court. “There is no other material available with the CBI to warrant registration of a fresh FIR, the counter said.”It also pointed out that the petitioner who was only an intervenor had filed a review petition against the quashing of FIR and the apex court had rejected it. While so the petitioner had not produced any material apart from the one which were already examined by the apex court.
On the petitioner’s contention that investigation had already been completed, the CBI said the apex court held as illegal the investigation done by the investigating agency and hence “material collected thereof, does not exist in the form of evidence anymore.” Counsel K.K. Venugopal, appearing for Mayawati said that the PIL filed in 2014 was politically motivated as the petitioner had quit BSP after being denied party ticket to contest elections.
