Over one-and-a-half years after the disproportionate assets (DA) case against her was set aside, the Supreme Court Friday issued notices to BSP chief Mayawati and the CBI on a plea for registration of a fresh FIR against her. The former UP chief minister and the agency have been asked to respond within four weeks.
Taking up a PIL filed by UP resident Kamlesh Verma, seeking directions to the CBI to register a fresh case against Mayawati, a three-judge Bench headed by Chief Justice of India P Sathasivam observed that the probe agency should have got proper advice for registration of a fresh case against her after the court quashed the FIR on technical ground.
While issuing notice, the Bench brushed aside the stiff opposition by senior advocate and BSP leader Satish Chandra Mishra who termed the plea politically motivated.
By its July 2012 verdict, the SC had quashed a nine-year-old DA case against Mayawati on the ground that the CBI had 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 the UP government allegedly without sanction.
Thereafter, in May 2013, while reserving its decision on a plea seeking review of its 2012 judgment, the SC clarified that its earlier verdict has not taken away the CBI’s power to proceed against her in a separate DA case. On August 8, 2013, the apex court had declined to review its judgment quashing the DA case against her.
On Friday, the Bench said, “We expected that the 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 merely on technical grounds and leaving the option open to the agency to lodge a fresh case against her.
Senior advocate Shanti Bhushan, appearing for the petitioner, contended that sufficient evidence had already been collected by the CBI during its probe and a chargesheet had been drawn against Mayawati.
Victim told the judge that she was being forced to relive the incident as she was made to appear in court again.