A clean chit? Hardly. It is important to see the Supreme Court’s quashing of the disproportionate assets (DA) case against the former Uttar Pradesh Chief Minister, Mayawati, for what it is — a decision grounded entirely on legal technicalities. It is far from being a declaration of innocence as Ms Mayawati’s overzealous supporters would like us to believe. As the first line of the judgment states, “the only question” under consideration was whether the FIR lodged by the Central Bureau of Investigation against Ms Mayawati for allegedly possessing assets disproportionate to her income was “beyond the scope of directions” passed by the Supreme Court itself. In holding that it was, the Court has made a distinction between the Taj Heritage Corridor Project case — in which it had directed the CBI to register an FIR relating to the Mayawati government’s preposterous plan to construct commercial buildings on a two-km stretch behind the Taj Mahal without appropriate clearances — and a “roving enquiry” into her financial assets. Having maintained that “anything beyond the Taj Corridor matter was not the subject-matter of reference before the Taj Corridor Bench,” it was only a short step to reach the conclusion that the CBI had exceeded its jurisdiction in the case.
The CBI may be faulted for misunderstanding the Court’s orders and investigating Ms Mayawati’s assets from 1995 even though the Taj Corridor project was conceived only in 2002. But the manner in which the assets of Ms Mayawati and her relatives have mushroomed cannot but raise a suspicious eyebrow. The CBI had claimed that her assets increased from Rs. one crore in 2003 to Rs. 50 crore in 2007. Its affidavit in the Supreme Court talked of 96 plots, houses and orchards acquired by her and her close relatives between 1998 and 2003. The affidavit filed along with Ms Mayawati’s nomination for the Rajya Sabha a few months ago contains an estimation of her own wealth: Rs. 111.64 crore. If her defence in the now quashed DA case rang a familiar bell, it is because politicians have used it before: sharp increases in wealth are explained as the accretion of small contributions made by legions of followers out of “love and affection.” Acceptance of income tax returns is held out as proof that the income is genuine. In an environment in which clear financial trails are hard to unearth, disproportionate assets cases — where the onus of proof is shifted on the accused — are a more effective instrument against politicians and bureaucrats suspected of corruption. Given that the chargesheet in the DA case against Ms Mayawati was only being readied, there was hardly anything concrete against her to begin with. Sadly, with the quashing of the FIR, everything is maya.
Keywords: CBI, disproportionate assets case, Mayawati
I think the writer is trying to unearth some indepth meaning in the
judgement that Maya has got oh sorry it is secret and will remain secret
for ever and no body will ever come to know where the money comes from
the and where it goes sorry we the people
The paucity of comments on this Editorial on such a crucial case may
indicate that most thinking citizens are dumbfounded by the SC verdict,
and in a state of shock!
a bad politics of congress is hidden behind this judgement.
Wah, re mera desh(My country is great)Only we are responsible for this kind of corrupt mess and a mass revolution is the answer to this.
If any Indians think that the justice system in India will punish the politicians, they are fools and Idiots.Please wait and see, all those bigshots involved in 2G are going to be acquitted for filthy reason. Long live Indian judiciary!
I think there is no bar in CBI filing a fresh FIR, omitting that the same is being done under the directions of Supreme Court.
It is very sad day for India. Supreme court, which is the only institution all Indian
looked forward to justice has atlas let down the good people of this country by
letting off a very corrupt person. I can not believe that this has happened under one
of the rarest and laudable chief justice Sri Kapadia. single party has destroyed the
country by supporting 2G Specturm , Adarsh Land controversy, Commonwealth
games, and various other corruption charges. With judiciary letting us down and with
no effective Lokpal I see bleak picture for India in days to come.
Given the verdict against the expectation is imperative here considering
the judgement are given on facts and FIR and not on moral grounds.
However SC could have given little more respect to the homework done by
C.B.I.. While today under CBI is more emphatically known as Congress Bureau of Investigation, still the work done by the wing is not flawed
and much needed for the financial over-proportionate ministers.
While appreciating the decision of the Supreme Court, based on the facts of the case before it, are there any legal grounds for the Central Bureau of Investigation to proceed or not to proceed, as the case may be, to register a fresh case against Ms Mayavathi on the basis of evidence it has gathered so far for the disproportionate assets she and her relatives and friends appear to be in possession/ownership of?
The Hindu's reading of the judgment is correct. As seen in another newspaper,
"In the very beginning of it 34-page judgment, the Bench made it clear that it was just deciding whether DA case lodged by the CBI is beyond the scope of the directions passed by the apex court in 2003 in Taj Corridor case and ***it did not go into the merit of allegations made by the agency against the former chief minister.***"
It is possible that CBI (under orders from ...!!) had intended to present a feeble case against Mayawati so that no court of law could accept it, and that SC has seen through the game and thwarted CBI's attempt. My reading is that SC's order now opens the gate for other agencies like the Income Tax deptt and Enforcement Directorte, that may have direct jurisdiction - that is, without being ordered by a Court or by the Govt - to come in and do their duty.
It is incorrect for you to say that clean chit has been given to Ms Mayawati. SC has
quashed the DA case purely on technical grounds implying that CBI has to modify the
presentation of charges against the former CM. There is every chance that CBI may
change the format & file two different cases very soon. Your opening lines
expressing shock as how can the SC give clean chit to Ms Mayawati conveys an
impression that Ms Mayawati deserves punishment. In this context, you have
overlooked the fact that CBI files cases only against those politicians or opposition
leaders who are supposedly against the central govt of the day. Why there are DA
cases only against Ms Mayawati, Ms Jayalalitha, Mr Jagan Reddy, Mr Mulayam & why
the agency has not found anything wrong with others like Dr. Ramdass (PMK), Mr
Karunanidhi, Mr Pawar, Ms Gandhi etc who own assets that may exceed far more
than that are allegedly owned by Ms Mayawati, the TN CM etc.? In India until one is
caught he or she is ONLY honest!
Regarding Mr Yathy Pattali's comments, ideally nobody should prevent CBI from filing
a review petition before the Supreme Court on its ruling and allow them to proceed
against Ms Mayawati. But, will Congress allow them to do so ?
An apt headline. Kudos!
right everything is maya after all she is the former chief mister of up and a dalit neta who can dare to arise a finger at her
our low is really blind it can't see these clear sign of corruption that the assets of mayavati increased by leaps and bound in his tenure even then nobody dinn't able to do anything against him it is so shemlesss for our country after all "EVERYTHING IS MAYA"
Perhaps the fault lies with the functioning of prosecution agency i.e CBI as the proper charges against Smt. Mayawati would be under the Prevention of Corruption Act. Because being a public servant taking of a gift is also punishable and to be considered as bribe.
Supreme Court’s verdict in this case is in very bad taste and based on very flimsy technicalities and sending a very wrong message to the people of the country and the corrupt politicians.
The 400 plus percentage of yearly growth of declared assets (from 3 crores to 50 crores in 4 years) is not a case of disproportionate income? Doesn’t it a valid reason for CBI to register a suo-motto FIR against a politician? If not we need to change those laws.
SC’s superior duty is to uphold rule of law and morality in public life, not to use feeble procedural bungling’s to white-wash any corrupt acts.
SC shouldn’t have quashed the FIR, but have instructed CBI to continue Taj and Disproportionate Asset cases as distinct cases. Judges must have placed nation’s interests above their personal pulls.
It is now high time that CBI has to be made independent agency totally free from the reins of the Government/Home Ministry. Right from its establishment till today political party in power has used CBI for serving its selfish motives which have been indirectly proved. The net result has been the criminal waste of tax payers' hard earned money.
everything is fine but editor is totally missing the fact that CONGRESS is using CBI for political calculations and its clear indictment of goverment. upto when the hindu hold the hand of equally or more corrupt congress.
Politicians manage to get away with almost anything.
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