Apex court asks CBI to submit Taj case report

The proposed closure of Central Bureau of Investigation cases against Bahujan Samaj Party (BSP) lea-der and former Uttar Pradesh Chief Minister Mayawati hit a hurdle today when the Supreme Court asked the CBI to submit within two weeks the entire case file including the evidence collected against her.

The court had examined the Rs 175-crore Taj heritage corridor project two years ago by sending a commissioner there. Following his report, several irregularities were discovered and the project was dropped.

Some top executives of the state and the central government were suspended after the filing of first information reports against them.

The Bench comprising Justice Ruma Pal, Justice SB Sinha and Justice SH Kapadia criticised the CBI for sending the entire evidence in the case to Attorney-General Milon Banerjee who advised it to close the case. They wanted to see the advice of the attorney-general given to the CBI.

"It appears from the status report submitted by CBI Director US Mishra that having regard to evidence gathered as well as the opinion of the attorney-general, that prosecution was not to be launched," the judges observed.

They recorded the assurance of Solicitor-General GE Vahanvati that the CBI would not file the proposed closure report till further orders.

The Bench reminded the new solicitor-general that the court had passed an order on September 18, 2003 following which FIRs were registered against Mayawati and the top officials. Therefore, the CBI should have reported to the court instead of seeking opinions from others, the court remarked.

Vahanvati explained that Banerjee's opinion was sought in view of the difference of opinion within the CBI regarding the feasibility of prosecuting the former chief minister.

In response to this plea, the court remarked: "Let us see the evidence because of which the attorney-general has suggested closure of the case; the opinion cannot be a piece of evidence based on which the CBI has proposed to close the case."

Regarding action taken against officials, Vahanvati said former Union Environment Secretary KC Mishra and the then managing director of National Project Construction Corporation VK Vali had been compulsorily retired for their role in the scam.