Date:07/08/2007 URL: http://www.thehindu.com/2007/08/07/stories/2007080771931200.htm

National

U.P. Governor’s order challenged

Legal Correspondent

New Delhi: The Uttar Pradesh Governor’s refusal to grant sanction to prosecute Chief Minister Mayawati in the Rs. 175-crore Taj Heritage Corridor scam has been challenged in the Supreme Court.

The application, filed by advocate Ajay Agrawal, came up for hearing on Monday before a Bench of Justices S.B. Sinha, S.H. Kapadia and D.K. Jain.

The Bench was initially reluctant to take up the matter, observing that it could not monitor the investigation as the charge sheet had been filed.

Senior counsel K.T.S. Tulsi, appearing for the applicant, said the trial court was yet to take cognisance of the case as the Governor had refused sanction to prosecute Ms. Mayawati.

The Central Bureau of Investigation was trying to exonerate Ms. Mayawati and it did not file any appeal against the Governor’s order, he alleged.

Time sought

The Bench said, “We are aware of the gravity of the matter, but we need time to contemplate whether it can be heard by this Bench as it is primarily concerned with environmental issues.”

Mr. Tulsi said the apex court had, in several cases, held that the complainant had the locus standi to prosecute an accused if the prosecuting agency failed to do so. Since the petitioner in this case was the complainant, he could c hallenge the Governor’s order.

The FIR in this case was registered on the directions of the apex court.

The court refused to accept the Attorney General’s opinion giving a clean chit to Ms. Mayawati and asked the Central Vigilance Commission to examine the materials. The Commission stated that there were enough materials to proceed against Ms. Mayawati, Mr. Tulsi said.

The Bench, while adjourning the proceedings, asked counsel to submit the papers to amicus curiae Krishan Mahajan, who would examine them and give a report.

Dismisses petitions

A three-Judge Bench of Chief Justice K.G. Balakrishnan, and Justices Tarun Chatterjee and R.V. Raveendran dismissed as withdrawn two public interest litigation petitions challenging the Governor’s order.

The Bench made it clear that only the appropriate authority could challenge the Governor’s order.