SC allows Mayawati's plea for adjournment in DA case
The Supreme Court has allowed UP CM Mayawati's plea seeking postponement of hearing in the disproportionate assets case relating to her declared wealth going up from Rs one crore in 2003 to Rs 50 crore in 2007.
A bench comprising Justices B Sudershan Reddy and S S Nijjar adjourned the hearing in the case for four weeks after it was submitted on the BSP supremo's behalf that her lawyer was indisposed.
In a fresh affidavit filed before the apex court, the CBI has said it has found cogent, credible and admissible evidence for prosecuting Mayawati in the case.
CBI's response had come after Mayawati's allegation that she was being discriminated against and that the probe agency should drop the proceedings against her in the wake of the Commissioner Income Tax (CIT appeal) order of 5th and 19th April 2010 giving her a clean chit in the case.
However, the CBI had countered her contention saying that the CIT (appeal) order has been challenged before the Income Tax Appellate Tribunal (ITAT).
"It is submitted that the order of CIT (appeal) passed on April 5 and 19, 2010 with respect to the assessment year 2001-02 and 2002-03 have been challenged by the Income Tax Department in the ITAT and the matter is sub judice.
"Since the I-T department has appealed against the order, therefore, the DA case cannot be closed just on the basis of these orders specially in the light of independent investigation carried on by CBI in which cogent, credible and admissible evidence has been collected," the CBI had said.
CBI had contested Mayawati's plea that the probe agency was harassing her despite Commissioner Income Tax (CIT appeal) giving her a clean chit in the case, saying there were reliable and cogent oral and documentary evidences to prove the case.
"It is strongly denied that the case is based on surmises, conjectures or preconceived notions, rather the case is based on reliable and admissible evidence.
"During the investigations conducted by the CBI, reliable and cogent oral, documentary and circumstantial evidences have been collected in support of the bogus nature of the gifts in the form of cash and other immovable assets claimed to have been received by the petitioner (Mayawati)," the affidavit said.
The CBI had said that the complexion of the matter has not changed in any manner following the CIT order and it has registered and carried out investigation of the DA case in pursuance of the apex court's order and has never overstepped its authority.
The CBI had said that it conducted investigation on all aspects of income, expenditure and assets of Mayawati and her family members after taking into account all the relevant material and it was not proceeding against the BSP supremo as a super statutory authority.
The affidavit said that the investigation conducted by CBI is different from the proceedings of the I-T department as criminal probe by the agency is based on evidence admissible in court of law.
The investigating agency said that Mayawati's plea of discrimination vis-a-vis her political rival Samajwadi Party supreme Mulayam Singh Yadav and RJD chief Lalu Prasad does not have any reasonable basis.
Mayawati, in her affidavit, had alleged that the CBI was proceeding in a discriminatory and hostile manner against her in the DA case by adopting different yardsticks vis-a-vis cases those involving Mulayam Singh Yadav and Lalu Prasad.
She had contended the case registered against her by the CBI six years ago has been "completely demolished" by the two orders of the Income Tax Department passed on April 5 and 19 in her favour. The I-T orders relate to the assessment years 2001-02 and 2002-03.
The BSP chief, who has been maintaining that the case against her was politically motivated, sought its closure on the basis of the recent orders of the CIT (Appeal) which held that all the gifts received by her for the two assessment years were "totally genuine and bonafide".
The CBI, in an earlier filed affidavit in connection with the case, had said it has evidence to prosecute Mayawati on the charge of amassing illegal wealth.
The investigating agency had said there was evidence to prove that the BSP chief and her family members acquired assets far exceeding their legal sources of income.
CBI had said it has statements of witnesses to show that the UP Chief Minister "forcibly acquired gifts from people".
The agency had pointed out that her declared assets of Rs one crore in 2003 went up to Rs 50 crore in 2007 and said there was "ample evidence" to show she had amassed wealth disproportionate to her known sources of income.
Mayawati had claimed she had received the money through donations from party workers, which included meagre sums of Rs five and Rs ten which they contributed on her birthday.
The UP CM had filed a petition in May, 2008, seeking quashing of the criminal proceedings against her in the case alleging it was registered due to "political reasons".
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