SC denies issuing interim order; sends notice to CBI and Centre

NI Wire

New Delhi

Fri, 16 May 2008: 

The UP Chief Minister Mayawati got a big relief, at least for the time being, when the Supreme Court on Thursday denied to pass any order on the writ petitions filed by BSP supremo seeking a direction to quell the CBI probe against her in disproportionate asset case registered five years ago, in 2003. However the SCench headed by Chief Justice K G Balakrishnan clearly said that it was not passing any interim order.

The Bench instead sought clearance from the Centre and CBI regarding latter’s probe in a disproportionate assets case against her and posted the matter for further hearing on July 14.

The Central investigating agency, CBI had registered the FIR against Mayawati on October 5, 2003 after the Supreme Court ordered the CBI to investigate the Rs 175 crore Taj Heritage Corridor Scam.

The decision comes almost a week after the CM Mayawati approached the SC on May 09 seeking the CBI probe into disproportionate assets case to be quashed.

In her petition the BSP supremo alleged that the investigating agency was being used by the Centre against her to settling political vendetta.

Earlier after hearing both sides, the bench said it would like to go through the details of the CBI probe before delivering its final view and thus now as per the hint given by Solicitor General G E Vahanvati, who appeared for the CBI would have to wait for the Bench's nod to file the charge-sheet. Meanwhile the CBI would submit the investigation report in a sealed cover before the court.

During arguments, Harish Salve the counsel of Mayawati contended that the agency could not file the charge-sheet without taking permission by the court. He said the whole inquiry was illegal, as the CBI had misinterpreted the SC's direction in the Taj corridor case.

To supporting his contention Salve referred the Supreme Court directive in 2003 when it had asked the agency to investigate the Taj Heritage Corridor scam case only and the CBI under Central influence exceeded the order by probing into Mayawati's assets.

This was strongly contended by Vahanvati said the case was registered against her as per the Supreme Court order. He argued that if Mayawati was not wrong, she would not have to make representations at all levels comprising Prime Minister.

After hearing the hot debate between the two counsels, the two-member Bench posted the next hearing to July 14.

Punjab Sikh Minority case

The same Bench comprising Chief Justice KG Balakrishnan and the Justice MK Sharma stayed judgment of the Punjab and Haryana High Court declaring that Sikhs were not a minority community in Punjab.

The Bench issued an interim stay on the High Court Thursday, while hearing the petition filed by the Shiromani Gurudwara Prabandhak Committe (SGPC) backed by the Punjab government.

The Punjab and Haryana High Court on December 17, 2007, quashed the notification issued by the State government allowing the Shiromani Gurdwara Parbandhak Committee (SGPC) to grant 50 per cent reservation to Sikh students in colleges run by it on the ground of Sikhs as a minority community.