SC sends notice to Maya, CBI on plea to lodge fresh FIR against her
18 Jan 2014 11:28 PM GMT
Holding that CBI should have got proper advice on registration of a fresh case against her after the apex court quashed the FIR, a three-judge bench headed by Chief Justice P Sathasivam issued notice and sought response from the former UP chief minister and the agency within four weeks.
The bench brushed aside the stiff opposition put forward by senior advocate and BSP member Satish Mishra who opposed the plea, saying it is politically motivated.
‘We expected that CBI should have got proper advice and acted on that basis,’ the bench said, indirectly referring to its 2012 verdict by which it had quashed the DA case against Mayawati on a technical ground and leaving the option open to the agency to lodge a fresh case against her.
‘It is not for the court to pass order on every aspect,’ the bench said. ‘Is it always the duty of the court to direct CBI,’ the court asked.
The CBI, which has reportedly decided to close the case against Myawati, will have to explain to the apex court for not registering a fresh FIR.
By its July 2012 verdict, the court had quashed a nine- year-long DA case against Mayawati on the ground that the agency proceeded against her without properly understanding its 2003 orders which were confined to the Taj Corridor case relating to release of Rs 17 crore by UP government allegedly without sanction.
Thereafter, in May 2013, while reserving its decision on a plea seeking review of its July 2012 judgement, the apex court had clarified that its earlier verdict has not taken away CBI’s power to proceed against her in a separate DA case.
The apex court was hearing a PIL filed by UP resident Kamlesh Verma seeking its direction to CBI to register a fresh case against Mayawati.
Senior advocate Shanti Bhushan, appearing for the petitioner, contended that sufficient evidence has already been collected by CBI during its probe and a charge sheet had been drawn against Mayawati.
It would be a travesty of justice that despite there being well founded accusation, she is permitted to go scot free, he contended.
‘The situation is that despite there being credible evidence having been collected against her indicating her disproportionate assets, she is moving scot free because after collection of evidence and preparation of charge sheet, this Court has found that the investigation was without the authority of law,’ the petition said.
SC notice to Centre, akhilesh govt on plea of gangrape victims
New Delhi: The Supreme Court on Friday issued notices to the Centre and Uttar Pradesh government on a plea of a group of seven women, who were allegedly gangraped during Muzaffarnagar communal riots, seeking setting up of a SIT to probe the cases lodged by them.
A bench headed by Chief Justice P Sathasivam asked the governments to file responses within two weeks on the joint petition filed by the women who also pleaded with the court that the trial of the cases be shifted to Delhi.
‘Issue writ of mandamus or any other order or direction, constituting a Special Investigating Team of police officers from outside the state of Uttar Pradesh, and headed by a senior woman police officer of impeccable integrity and credentials, to investigate into the complaints of gangrape during assault, arson, looting of properties, grievous hurt, attempt to murder and other offences committed on them and their families,’ the petition said.
Advocate Kamini Jaiswal, appearing for the petitioners, contended UP police are not taking any action against the accused and they are roaming freely.
She pleaded with the apex court to pass a direction for immediate arrest of the accused.
The bench brushed aside the stiff opposition put forward by senior advocate and BSP member Satish Mishra who opposed the plea, saying it is politically motivated.
‘We expected that CBI should have got proper advice and acted on that basis,’ the bench said, indirectly referring to its 2012 verdict by which it had quashed the DA case against Mayawati on a technical ground and leaving the option open to the agency to lodge a fresh case against her.
‘It is not for the court to pass order on every aspect,’ the bench said. ‘Is it always the duty of the court to direct CBI,’ the court asked.
The CBI, which has reportedly decided to close the case against Myawati, will have to explain to the apex court for not registering a fresh FIR.
By its July 2012 verdict, the court had quashed a nine- year-long DA case against Mayawati on the ground that the agency proceeded against her without properly understanding its 2003 orders which were confined to the Taj Corridor case relating to release of Rs 17 crore by UP government allegedly without sanction.
Thereafter, in May 2013, while reserving its decision on a plea seeking review of its July 2012 judgement, the apex court had clarified that its earlier verdict has not taken away CBI’s power to proceed against her in a separate DA case.
The apex court was hearing a PIL filed by UP resident Kamlesh Verma seeking its direction to CBI to register a fresh case against Mayawati.
Senior advocate Shanti Bhushan, appearing for the petitioner, contended that sufficient evidence has already been collected by CBI during its probe and a charge sheet had been drawn against Mayawati.
It would be a travesty of justice that despite there being well founded accusation, she is permitted to go scot free, he contended.
‘The situation is that despite there being credible evidence having been collected against her indicating her disproportionate assets, she is moving scot free because after collection of evidence and preparation of charge sheet, this Court has found that the investigation was without the authority of law,’ the petition said.
SC notice to Centre, akhilesh govt on plea of gangrape victims
New Delhi: The Supreme Court on Friday issued notices to the Centre and Uttar Pradesh government on a plea of a group of seven women, who were allegedly gangraped during Muzaffarnagar communal riots, seeking setting up of a SIT to probe the cases lodged by them.
A bench headed by Chief Justice P Sathasivam asked the governments to file responses within two weeks on the joint petition filed by the women who also pleaded with the court that the trial of the cases be shifted to Delhi.
‘Issue writ of mandamus or any other order or direction, constituting a Special Investigating Team of police officers from outside the state of Uttar Pradesh, and headed by a senior woman police officer of impeccable integrity and credentials, to investigate into the complaints of gangrape during assault, arson, looting of properties, grievous hurt, attempt to murder and other offences committed on them and their families,’ the petition said.
Advocate Kamini Jaiswal, appearing for the petitioners, contended UP police are not taking any action against the accused and they are roaming freely.
She pleaded with the apex court to pass a direction for immediate arrest of the accused.
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