The Supreme Court has quashed the CBI’s nine-year old disproportionate assets case against BSP chief and former UP chief minister Mayawati in a judgment seen as having undercut the Centre’s leverage with the dalit leader while enhancing her space for manoeuvering. A bench of Justices P Sathasivam and Dipak Misra slammed the Central Bureau of Investigation (CBI) for exceeding its brief by lodging the second FIR against Mayawati, using the apex court’s 2003 order against her in a different case, that of irregular release of Rs 17 crore for the Taj Heritage Corridor project.
The Supreme Court may have said that the CBI exceeded its jurisdiction in filing a disproportionate assets case against BSP supremo Mayawati but the top court had from time to time allowed the agency to file probe status reports in the case. Friday’s development has left the agency shell shocked and it is now exploring legal remedies as the order might have a bearing on other such cases.
The CBI, on the basis of orders of the SC dated September 18, 2003, had filed two separate FIRs — 18/2003 pertaining to the Taj corridor case and 19/2003 pertaining to disproportionate assets case. The agency had also informed the SC that the disproportionate assets case against Mayawati was not linked with the Taj corridor case, based on which the apex court delinked the two cases on October 25, 2004.
While delinking the two cases, the Supreme Court had said, “The CBI… is at liberty to proceed with and take action on the basis of their investigation in respect of this FIR. In the event any link is disclosed in the course of such investigation between facts as found and the Taj corridor project, the CBI will bring the same to the notice of this court. In any event, the CBI will be entitled to take action on the basis of the probe as it may think fit.”
After filing the cases, the agency kept informing the apex court on the developments in both cases by way of filing status reports, sources said.
The Supreme Court may have said that the CBI exceeded its jurisdiction in filing a disproportionate assets case against BSP supremo Mayawati but the top court had from time to time allowed the agency to file probe status reports in the case. Friday’s development has left the agency shell shocked and it is now exploring legal remedies as the order might have a bearing on other such cases.
The CBI, on the basis of orders of the SC dated September 18, 2003, had filed two separate FIRs — 18/2003 pertaining to the Taj corridor case and 19/2003 pertaining to disproportionate assets case. The agency had also informed the SC that the disproportionate assets case against Mayawati was not linked with the Taj corridor case, based on which the apex court delinked the two cases on October 25, 2004.
While delinking the two cases, the Supreme Court had said, “The CBI… is at liberty to proceed with and take action on the basis of their investigation in respect of this FIR. In the event any link is disclosed in the course of such investigation between facts as found and the Taj corridor project, the CBI will bring the same to the notice of this court. In any event, the CBI will be entitled to take action on the basis of the probe as it may think fit.”
After filing the cases, the agency kept informing the apex court on the developments in both cases by way of filing status reports, sources said.
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