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HC stays Maya`s arrest in Taj heritage, assets case
Lucknow, Oct 22: Former Uttar Pradesh Chief Minister Mayawati today got a major reprieve when the Lucknow bench of the Allahabad High Court stayed her arrest in the Taj heritage corridor and the disproportionate assets cases till the conclusion of the investigation but rejected her plea for quashing of FIR in the cases.
Lucknow, Oct 22: Former Uttar Pradesh Chief Minister Mayawati today got a major reprieve when the Lucknow bench of the Allahabad High Court stayed her arrest in the Taj heritage
corridor and the disproportionate assets cases till the conclusion of the investigation but rejected her plea for quashing of FIR in the cases.
A division bench comprising Justice Khemkaran and Justice G K Gupta also stayed the arrest of Mayawati's then Principal Secretary P L Punia and former Environment Secretary V K Gupta in the Taj corridor case.
Their prayer for quashing of the fir registered by the CBI in this connection was, however, rejected by the court.
The bench, however, directed the petitioners to cooperate with the ongoing investigation and not to go abroad without obtaining written permission from the competent court.
Dismissing their prayers for quashing of the FIRs, the court said that the investigation of the case was being carried out on the direction of the apex court and that there were no good grounds for quashing of the FIRs.
Along with Mayawati, Punia and Gupta, the other accused in the Taj case included former state Chief Secreatry D S Bagga and former Principal Secretary (Environment) R K Sharma.
Only Mayawati, Punia and Gupta had moved the high court seeking stay on their arrest and quashing of the FIR registered in this regard by the CBI earlier this month. The court cited the Supreme Court ruling in Joginder Kumar case, which says that except in heinous crimes the arrests should not be made till the investigation was complete.
This court will not be justified in the quashing the FIRs merely on technical grounds such as want of signatures of the first informant, the bench observed.
In a case where the FIR has been lodged pursuant to the direction of the apex court, the question of quashing the FIRs or stopping the investigation does not arise, the court said in its order.
It was urged on behalf of Mayawati that she had been falsely implicated in the cases owing to political vengeance.
The counsel for Mayawati submitted that she came into picture only on October 2, 2002 when she signed the letter addressed to the Union Minister T R Balu for according early approval to the project in question.
It was due to the mischief committed by the then environment secretary in drafting the minutes of the meeting of the mission management board and in putting misleading note that led to this entire episode and the petitioner could not detect that mischief at the time and she approved the proposal on October 29, 2002, the counsel pleaded. On the other hand, the CBI submitted that the FIRs had been lodged against the accused persons on the directions of the apex court.
It said that there was ample evidence against the petitioners and pleaded that the petitions be dismissed.
The CBI counsel also submitted that the agency was not contemplating arrest of the petitioners at this stage.
The agency had begun probe into the Taj heritage corridor project on the directions of the Supreme Court after it was found that illegal and unauthorised construction activities were going on around Taj.
The CBI had registered firs against Mayawati and others on October 05 last.
Bureau Report
Their prayer for quashing of the fir registered by the CBI in this connection was, however, rejected by the court.
The bench, however, directed the petitioners to cooperate with the ongoing investigation and not to go abroad without obtaining written permission from the competent court.
Dismissing their prayers for quashing of the FIRs, the court said that the investigation of the case was being carried out on the direction of the apex court and that there were no good grounds for quashing of the FIRs.
Along with Mayawati, Punia and Gupta, the other accused in the Taj case included former state Chief Secreatry D S Bagga and former Principal Secretary (Environment) R K Sharma.
Only Mayawati, Punia and Gupta had moved the high court seeking stay on their arrest and quashing of the FIR registered in this regard by the CBI earlier this month. The court cited the Supreme Court ruling in Joginder Kumar case, which says that except in heinous crimes the arrests should not be made till the investigation was complete.
This court will not be justified in the quashing the FIRs merely on technical grounds such as want of signatures of the first informant, the bench observed.
In a case where the FIR has been lodged pursuant to the direction of the apex court, the question of quashing the FIRs or stopping the investigation does not arise, the court said in its order.
It was urged on behalf of Mayawati that she had been falsely implicated in the cases owing to political vengeance.
The counsel for Mayawati submitted that she came into picture only on October 2, 2002 when she signed the letter addressed to the Union Minister T R Balu for according early approval to the project in question.
It was due to the mischief committed by the then environment secretary in drafting the minutes of the meeting of the mission management board and in putting misleading note that led to this entire episode and the petitioner could not detect that mischief at the time and she approved the proposal on October 29, 2002, the counsel pleaded. On the other hand, the CBI submitted that the FIRs had been lodged against the accused persons on the directions of the apex court.
It said that there was ample evidence against the petitioners and pleaded that the petitions be dismissed.
The CBI counsel also submitted that the agency was not contemplating arrest of the petitioners at this stage.
The agency had begun probe into the Taj heritage corridor project on the directions of the Supreme Court after it was found that illegal and unauthorised construction activities were going on around Taj.
The CBI had registered firs against Mayawati and others on October 05 last.
Bureau Report