Asset case: SC to hear Mayawati’s plea in May

Additional Solicitor General Mohan Parasaran,appearing for the CBI and some others,who are opposing Mayawati’s plea,wanted the hearing to start saying they were ready to argue over the matter.

Mishra,however,said the bench should give priority to the petitioner’s plea and not to those of intervenors,who are contending that Mayawati’s plea was misconceived. Mishra said the bench should direct the CBI to consider the aspect of order passed by income tax tribunal holding that her income through gifts were genuine. The order had also been upheld by the Delhi High Court,he pointed out.

“When we will hear the matter we will look into all these aspects. What is the need to direct CBI?,” the bench said,adding that “at this moment”,it was “not expressing anything.”

The CBI during earlier hearings had said there was “ample evidence” to show she had amassed wealth disproportionate to her known sources of income.

Mayawati had filed a petition in May 2008 seeking quashing of the criminal proceedings against her in the case alleging it was an act of political vendetta.

She claimed she had received the money through donations from party workers.

The CBI had questioned Mayawati’s assets saying her declared assets of Rs 1 crore in 2003 had gone up to Rs 50 crore in 2007.

The CBI,in its last affidavit filed on September 13,2011,had alleged there was a “criminal nexus” between Mayawati and her relatives and the disproportionate assets case against her cannot be closed on the basis of conclusions arrived at by the Income Tax department.

The agency had rejected Mayawati’s stand that the DA case should come to an end after the income tax authorities had accepted her income tax assessments.

It had said “the investigation against the petitioner is based on cogent evidence available in form of documentary and oral evidence which show a criminal nexus between income of the relatives and the petitioner as well as between Mayawati and her donors.”

n the basis of the clean chit given by the Income Tax Appellate Tribunal,Mayawati had moved the apex court for quashing of the CBI case against her,lodged for owning movable and immovable assets,allegedly far exceeding her known sources of income.

The CBI had told the court that it would soon file the charge sheet against Mayawati before the CBI Judge in the Lucknow court and had maintained the scope of the criminal proceedings were different from the civil proceedings including the immunity granted by the IT department.

The agency,however,had said the IT commissioner’s order,granting immunity to her,would be duly taken into account in so far as they were applicable to the DA case against her while filing the final report before the CBI court.

“The evidence collected during the course of criminal investigation into the DA case is to be appreciated in a trial court and the matter cannot be foreclosed by relying on the findings of the income tax authorities,” it had said. In an earlier affidavit,Mayawati had said the Income Tax Appellate Tribunal held that the entire income for the relevant check period received by her by way of gifts or otherwise,had been verified to be genuine and lawful.

She said the entire DA case had fallen flat and no case of DA could be made out against her.

She also said the Commissioner of Income Tax had granted immunity to her and the CBI was bound to close the case against her.

“As a result of the acceptance of the declared income,the assets do not exceed her income and therefore,there is no question of any disproportionate assets,” she had said.