06 July 2012

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In Depth SC quashed Corruption Case against Mayawati Rs 175 crore Taj Heritage Corridor scam From Rs.1 Crore to 50 Crore

Tags – Mayawati DA Case SC Judgment Taj Corridor Rs. 175 Crore

In Depth SC quashed Corruption Case  against Mayawati Rs 175 crore Taj Heritage Corridor scam From Rs.1 Crore to 50 Crore
CBI must file a review petition in the Supreme Court against the order;

The case is good for review as CBI got the evidence and in initial stages, SC gave the permission.
For 5 years Mayawati did not object and only in 2008 she filed writ petition in year 2008 and  on July 6, 2012, the court struck down the FIR in the assets case on the ground that it was without jurisdiction and that the CBIInvestigation was illegal.

BSP, Mayawati Supports Congress Party, and UPA
Friend in need is indeed.

In 2003, the NDA government was there only for a few months.

After that, UPA is in power for 8 Years.

Samajwadi Party leader Mohan Singh said that the CBI did not handle the case effectively.

Year 2002 –

The Supreme Court ordered the CBI to investigate what is known as the Taj Corridor case.
Mayawati has been accused of swindling money that was meant to develop and upgrade the area and tourist facilities near the Taj Mahal.

The project was then cancelled for environmental reasons.

Supreme Court directed CBI on September 18, 2003 to lodge an FIR and investigate Ms. Mayawati, then chief minister, and Nadeemuddin Siddiqui, former minister for environment, U.P. and other officers involved;
On October 5, 2003, the CBI registered two cases,

No. 18 relating to the Taj Corridor

And No. 19 under Section 13(I) (e) of the Prevention of Corruption Act, for possession of disproportionate assets.

The CBI had lodged two FIRs

1-Taj Heritage Corridor scam

2- against Mayawati

The Central Bureau of Investigation said it had found assets worth Rs.15 crore in the name of former Uttar Pradesh chief minister Mayawati and her close relatives during raids conducted in connection with the Taj Heritage Corridor case.

In the FIR, the CBI said that

Mayawati had disclosed her income as only Rs1.12 crore during the period whereas her bank balance in two accounts at Parliament Street and Moti Bagh (in Delhi) alone amounted to Rs 2.51 crore.

The FIR also said that she had purchased a plot in Lucknow in March 2003 in the name of her Bahujan Samaj Party for Rs45.75 lakh.
This property was transferred to her name on August 8, 2003.

5.15 hectares of land purchased in Gyaspur, Bulandshahar, for Rs33 lakh in the name of her brother Annad Kumar.

The FIR also claimed that the ex-CM had fixed deposits and cash certificates worth Rs 1.80 crore.

FIR also said that bank accounts of her relatives, including her father, mother, brothers, and sister-in-law, had revealed a balance of Rs2.39 crore besides a fixed deposit worth Rs74 lakh in the name of her brother Raj Kumar and his wife

CBI filed a first information report under section 13(2) of the Prevention of Corruption Act, 1998.

The CBI had alleged there was "ample evidence" to show that she had amassed wealth disproportionate to her known sources of income.

The CBI had alleged that assets of Mayawati her declared assets of Rs one crore in 2003 had gone up to Rs 50 crore in 2007.

Mayawati said that the money was donated to her by workers of her Bahujan Samaj Party or BSP.

In 2003, Case was filed against Mayawati she was accused of irregularities in the Rs.175 crore Taj Heritage Corridor case.

In June 2007, then Uttar Pradesh Governor T.V. Rajeswar refused the CBI sanction to prosecute Mayawati.
[Another example showing CBI is a powerless agency when matter and case is related to rich people or politicians.]

The charge sheet filed by the CBI in the Court in the Taj Corridor case, however, failed.
Why Failed?
The U.P. Governor declined Sanction for prosecution under Section 197 CrPC and Section 19(1) of the PCA then only asset case was pending against her.

In October 2003, Supreme Court declined to intervene in the matter, and since then, the case was defunct.

Defunct means pending, finished, annulled, or cancelled.

May 2008 –

Ms Mayawati challenged FIR No. 19 before the Allahabad High Court, Lucknow Bench, which disposed of the matter on October 22, 2003 with the direction that the petitioner will not be arrested until the
Conclusion of the investigation into the allegations.
This means that CBI is free to investigate the case and prepare a report

The Supreme Court also, at the very initial stage through its order on August 21, 2003 in M.G. Mehta v. Union of India in the Taj case, asked the CBI to verify "their assets because it was alleged that an amount of Rs. 17 crores was released without sanction".

Thus, though not specifically against Ms Mayawati in a separate case, there was an order, for verification of "assets."

When the status reports for both FIRs, 18 and 19, were filed before the Supreme Court, the court issued directions on July 19,2004 in M.C. Mehta v. Union of India, permitting the CBI eight weeks’ time to complete investigations in the TajCorridor case, also adding: "As far as FIR No. RC oo62oo3Aooi9 is concerned, three months' time is granted."

In other words, the CBI was allowed to proceed with the investigation in the assets case as well.

Mayawati had filed a petition seeking quashing of the criminal proceedings against her in the disproportionate assets case, lodged by the CBI

Mayawati had said the bench should direct the CBI to consider the aspect of order passed by the Income Tax Tribunal holding that her income was genuine and the order had been upheld by the Delhi high court.

On Friday, Supreme Court of India said that there was no material evidence against the BSP chief in the alleged disproportionate assets case against her.

Further Supreme Court of India also said that The CBI proceeded against Mayawati without properly understanding our order.

Anything beyond Taj Corridor scam was not subject matter of this court. There is no finding and no material report pertaining to the DA case against Mayawati,"

SC also said that there is no finding in the CBI's status report of September 2008 that Mayawati had allegedly amassed disproportionate assets during the period 1995-2003. "There is no material report of disproportionate assets case against the petitioner (Mayawati) in the Taj Corridor scam,"

Another case is going on regarding more Money against YSR congress chief Jagan and see how much he is suffering.
YSR Congress chief does not support UPA or Congress.
YSR Congress Chief is in Jail as he got more money.

Do you think if YSR congress also supported UPA then there would have been no case against them regarding more money?

Reality views by sm –

Friday, July 06, 2012