The CBI has told the Supreme Court that the prosecution of Uttar Pradesh Chief Minister Mayawati in a disproportionate assets case cannot be dropped as it has found cogent, credible and admissible evidence against her.
In an affidavit filed in the apex court in response to Mayawati's contention that the probe agency should drop the proceedings against her in the wake of the Commissioner Income Tax (CIT appeal) order of April 5 and 19, 2010 giving her a clean chit, the CBI submitted that the order has been challenged before the Income Tax Appellate Tribunal (ITAT).
"It is submitted that the order of CIT (appeal) passed on April 5 and 19, 2010 with respect to the assessment year 2001-02 and 2002-03 have been challenged by the Income Tax Department in the ITAT and the matter is sub judice.
"Since the I-T department has appealed against the order, therefore, the DA case cannot be closed just on the basis of these orders specially in the light of independent investigation carried on by CBI in which cogent, credible and admissible evidence has been collected," the CBI said.
The CBI had on April 23 submitted before the apex court that it will consider a representation made by Mayawati for closure of proceedings against her in the corruption case in view of the favourable orders passed by the income tax authorities.
CBI contested Mayawati's plea that the probe agency was harassing her despite Commissioner Income Tax (CIT appeal) giving her a clean chit in the case, saying there are reliable and cogent oral and documentary evidences to prove the case.
"It is strongly denied that the case is based on surmises, conjectures or preconceived notions, rather the case is based on reliable and admissible evidence.
"During the investigations conducted by the CBI, reliable and cogent oral, documentary and circumstantial evidences have been collected in support of the bogus nature of the gifts in the form of cash and other immovable assets claimed to have been received by the petitioner(Mayawati)," the affidavit said.
The CBI said that the complexion of the matter has not changed in any manner following the CIT order and it has registered and carried out investigation of the DA case in pursuance of the apex court's order and has never overstepped its authority.
"CBI had conducted investigation on all aspects of income, expenditure and assets of Mayawati and her family members duly taking into account all the relevant materials," the affidavit said, adding that the probe agency was not proceeding against the BSP supremo as a super statutory authority.