Indirectly referring to its 2012 verdict by which it had quashed the DA case against Mayawati merely on technical grounds the Supreme Court said that CBI should have got proper advice and acted on that basis
The Supreme Court on Friday issued a notice to Bahujan Samaj Party (BSP) chief Mayawati and Central Bureau of Investigation (CBI) on a plea for registration of a fresh first information report (FIR) against BSP supremo. This notice was issued more than one-and-a-half years after the apex court quashed the disproportionate assets (DA) case against Mayawati.
A three-judge bench headed by Chief Justice P Sathasivamm while holding that CBI should have got proper advice for registration of a fresh case against her after the apex court quashed the FIR on technical ground, sought response from the former chief minister of Uttar Pradesh (UP) 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 merely on technical grounds 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.
By its July 2012 verdict, the court had quashed a nine-year-long DA case against Mayawati on the ground 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.
On 8 August 2013, the apex court had declined to review its judgement quashing the DA case against her.
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