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Tuesday, Sep 17, 2019

SC rejects plea against Mayawati

The bench headed by CJ Balakrishnan declined to entertain an appeal by a private person against UP governor’s refusal to accord sanction to CBI to prosecute the CM, reports Bhadra Sinha.

india Updated: Aug 06, 2007 19:06 IST
Bhadra Sinha
Bhadra Sinha
Hindustan Times

The Supreme Court on Monday, on two different occasions, said it had a limited role in monitoring the CBI case against UP Chief Minister Mayawati. While the bench headed by Chief Justice K G Balakrishnan declined to entertain an appeal by a private person against UP governor’s refusal to accord sanction to CBI to prosecute the Chief Minister, the special environment bench said it shall examine whether it has the jurisdiction to hear two different applications raising the same issue.

The appeal that came up for hearing before the Chief Justice in the morning was later withdrawn after the bench questioned the petitioner’s locus standi. Even as the petitioner’s counsel senior advocate K T S Tulsi said the governor’s order was illegal, the bench declined to entertain the petition.

Hours later, the special bench that had directed CBI to register a case against Mayawati in the Rs 175 crore Taj Heritage Corridor scam observed its role was over once the agency filed the chargesheet. The bench comprising Justices S B Sinha, D K Jain and S H Kapadia said it was concerned with the restoration of the Taj and its environment. “Our monitoring of the case is upto the time the chargesheet was filed. We have already handed-over the matter to the magistrate for further examination,” said the bench.

“This is beyond the jurisdiction of this bench,” added Justice Sinha while expressing the bench’s viewpoint on the two applications filed before the special court challenging the governor’s refusal to accord sanction. The applications have been filed by amicus curae Kishan Mahajan and advocate Ajay Kumar Agrawal.

However, Tulsi, who also appeared before this bench on behalf of Agrawal, pressed the court for hearing the applications. “The CBI is hand-in-glove with the accused. It was the same bench that had turned down CBI’s plea to file a closure report against Mayawati.” Rebutting his arguments, the bench said:”The validity of closure report is for the purpose of filing the chargesheet. Once its done, our job is over.”

However, when Tulsi enforced his arguments by saying that taking sanction for prosecution is part of the process for filing a chargesheet, the bench asked him to hand over the documents to Mahajan, directing the latter to satisfy the court after two weeks. “We want to examine whether we can hear the applications,” the bench said.

First Published: Aug 06, 2007 19:03 IST