New Delhi: The CBI on Friday told the Supreme
Court that it will consider a representation made by Uttar
Pradesh Chief Minister Mayawati for closure of proceedings
against her in the corruption case in view of the favourable
orders passed by the income tax authorities.
"CBI will need time to re-look into the whole case in
view of the representation made by Mayawati," Attorney General
G E Vahanvati said before a bench comprising Chief Justice K G
Balakrishnan and Justices A K Ganguly and B S Chauhan, which
posted the matter for hearing in August.
The Attorney General said since the representation was
made three days ago, the agency will take some time to go
through it.
The Chief Minister, in her representation, said that
the CBI was bound to apply the same principle adopted by it in
the disproportionate assets (DA) cases of Samajwadi Party
chief Mulayam Singh Yadav and RJD supremo Lalu Prasad in which
proceedings were closed on the basis of the findings of the
income tax authorities and on the advice of law officers.
Senior advocate S C Mishra, along with Uttar Pradesh
Additional Advocate General Shail Kumar Dwivedi, appearing for
Mayawati, said the agency has to consider the representation
in which the details of the orders of the income tax
authorities were annexed.
Mayawati, who filed an affidavit on Wednesday, alleged
that the CBI was proceeding in a discriminatory and hostile
manner against her in the DA case by adopting different
yardsticks vis-a-vis cases those involving Mulayam Singh Yadav
and Lalu Prasad.
She contended the case registered against her by the
CBI six years ago has been "completely demolished" by the two
orders of the Income Tax Department passed on April 5 and 19
in her favour. The I-T orders relate to the assessment years
2001-02 and 2002-03.
The BSP chief, who has alleged the case against her
was politically motivated, sought its closure on the basis of
the recent orders of the Commissioner of Income Tax (Appeal)
which held that all the gifts received by her for the two
assessment years were "totally genuine and bonafide".
Mayawati said that under such circumstances, "no case
of disproportionate assets can be sustained against me".
In the affidavit, the Chief Minister said even though
her case was "much stronger" than that of Prasad and Yadav, no
closure report has been filed as yet.
"The CBI cannot discriminate between two individuals
merely on the basis of its whims or choice as the same would
be liable to be struck down in view of Article 14 (right to
equality) read with Article 21 (personal liberty) of the
Constitution," it said.
The BSP chief, who questioned the jurisdiction of CBI in
proceeding against her, reminded the apex court about the
investigation into the Taj Corridor case in which she was
absolved by the agency of misappropriating Rs 17 crore
disbursed for the project.
The CBI, which had filed an affidavit last week in
connection with the case, said it has evidence to prosecute
Mayawati on the charge of amassing illegal wealth.
The investigating agency said there is evidence to
prove that the BSP chief and her family members acquired
assets far exceeding their legal sources of income.
The CBI said it has statements of witnesses to show
that the UP Chief Minister forcibly acquired gifts from
people.
However, in the affidavit, Mayawati contended that in
the case of Mulayam Singh Yadav, after taking the opinion from
the then Solicitor General, it had been held that the income
and assets of the relatives cannot be clubbed but, in her
case, it has been clubbed.
Earlier, Mayawati had placed before the Supreme Court
the records from a debate in Parliament to counter the
allegations of the CBI that there was ample evidence to
prosecute her in the case.
The CBI, in its affidavit filed in July 2009, had said
the competent authority has already taken a decision to file
the final report under section 173 of the Criminal Procedure
Code in the designated trial court.
The agency had pointed out that her declared assets of
Rs one crore in 2003 went up to Rs 50 crore in 2007 and said
there was "ample evidence" to show she had amassed wealth
disproportionate to her known sources of income.
Mayawati had claimed she had received the money through
donations from party workers, which included meagre sums of Rs
five and Rs ten which they contributed on her birthday.
The UP CM had filed a petition in May, 2008, seeking
quashing of the criminal proceedings against her in the case
alleging it was registered due to "political reasons".
PTI
