Taj: CBI waits for forensic report to decide next step

The forensic evidence will decide whether criminal offences of forgery and fraud are made out against the key politicians and bureaucrats who were handling the project files.

Significantly, CBI sources say, with documents and testimonies already on record, the criminal misconduct of the officials involved will surely invoke the relevant provisions—Section 13 and Section 13 (i) D—of the 1988 Criminal Procedures Code.

Section 13 deals with the criminal misconduct of public servants and Section 13 (i)D with abuse of authority by public servants for causing gain to themselves or to others. But the agency unlikely to recommend that an FIR be booked against the officials in its final report to be submitted to the Supreme Court on or before September 11. It will be left to the Government’s lawyers to present the case for criminal cases to be booked and for the Supreme Court to take a final view on the FIR being filed.

Even during the last hearing, a plea had been made for an FIR to be lodged but the Supreme Court granted permission only for a shortlist of politicians and bureaucrats to be questioned.

So far, CBI investigators allege that while processing Taj files, the top echelons of the UP bureaucracy had committed ‘‘gross irregularities’’ and flouted financial norms.

While key players like R K Sharma, former Environment Secretary and D S Bagga are alleged to have violated financial rules of the state, there also appears to be violation of Central Government norms since clearances had to also come from the Central Environment Ministry. And since Taj was a World Heritage Site, from the ASI. The CBI has now asked the ASI and the Ministry of Culture for rules and regulations. The States Rules of Business are also being obtained to show how decisions were supposed to be taken and how short-cuts were used.

While CBI officials are tight-lipped, sources said some senior official/ officials in the Central Environment Ministry had objected in writing to the haste in which clearances had been given by the Mayawati Government which either Secretary Mishra overlooked or allowed.

Mishra, incidentally, is yet to be questioned by the CBI—that will probably happen once the forensic report is in.