SC gives relief to Maya in DA case
9 Aug 2013 11:53 PM GMT
The Supreme Court on Thursday refused to review its order, which had quashed disproportionate assets case against BSP supremo Mayawati last year. The court also clarified that its order was related to the Taj Corridor Project case only.
A bench of Chief Justice P Sathasivam and Justice Dipak Misra disposed of the review petition, which sought review of its judgment in which DA case against Mayawati was quashed. The bench refused to review the last year July judgment observing that the very same point has been urged once again and the same are impermissible.
The court made it clear that it has not gone into any other aspect relating to the claim of the CBI, intervener or the stand of Mayawati except the directions relating to Taj Heritage Corridor Project which was the only dispute before it in the writ petition by Mayawati.
‘... we once again reiterate that our decision is based on earlier directions relating to Taj Heritage Corridor Project, particularly, the order dated 18.09.2003, the contents of FIR being RC No 0062003A0019 dated 05.10.2003, the relief prayed in the writ petition filed before this court and we have not said or expressed anything beyond the subject matter of the dispute’, said the bench.
The apex court had in last year July quashed a nine-year-old disproportionate case against the former Uttar Pradesh chief minister Mayawati on the ground that CBI proceeded against her without properly understanding its orders which were confined to Taj Corridor case relating to the release of Rs 17 crore by the UP government allegedly without sanction.
The same bench had last year said, while quashing the FIR against Mayawati, that in the registration of the unwarranted second FIR, the investigating agency exceeded its jurisdiction and its action was illegal. The apex court had upheld Mayawati’s contention that the FIR against her filed by the CBI was mala fide and misreading of the SC’s orders in the case.
Mayawati had said the 18 September 2003 order of the apex court had specifically observed about lodging of FIR only with regard to Taj Corridor Project case and that order had not mentioned about lodging of second FIR in regard to her disproportionate assets.
A bench of Chief Justice P Sathasivam and Justice Dipak Misra disposed of the review petition, which sought review of its judgment in which DA case against Mayawati was quashed. The bench refused to review the last year July judgment observing that the very same point has been urged once again and the same are impermissible.
The court made it clear that it has not gone into any other aspect relating to the claim of the CBI, intervener or the stand of Mayawati except the directions relating to Taj Heritage Corridor Project which was the only dispute before it in the writ petition by Mayawati.
‘... we once again reiterate that our decision is based on earlier directions relating to Taj Heritage Corridor Project, particularly, the order dated 18.09.2003, the contents of FIR being RC No 0062003A0019 dated 05.10.2003, the relief prayed in the writ petition filed before this court and we have not said or expressed anything beyond the subject matter of the dispute’, said the bench.
The apex court had in last year July quashed a nine-year-old disproportionate case against the former Uttar Pradesh chief minister Mayawati on the ground that CBI proceeded against her without properly understanding its orders which were confined to Taj Corridor case relating to the release of Rs 17 crore by the UP government allegedly without sanction.
The same bench had last year said, while quashing the FIR against Mayawati, that in the registration of the unwarranted second FIR, the investigating agency exceeded its jurisdiction and its action was illegal. The apex court had upheld Mayawati’s contention that the FIR against her filed by the CBI was mala fide and misreading of the SC’s orders in the case.
Mayawati had said the 18 September 2003 order of the apex court had specifically observed about lodging of FIR only with regard to Taj Corridor Project case and that order had not mentioned about lodging of second FIR in regard to her disproportionate assets.
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