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Taj case verdict reserved

New Delhi: The Supreme Court on Monday reserved its verdict on an application challenging the order passed by the CBI Special Judge refusing to take cognisance of the investigation report submitted by the CBI against Uttar Pradesh Chief Minister Mayawati in the Taj Corridor Heritage Project scandal.

A three-Judge Bench comprising Justices S.B. Sinha, S.H. Kapadia and D.K. Jain told amicus curiae Krishan Mahajan, who is assisting the court: “It will be an adversarial jurisdiction if we set aside the Special Judge’s order. Our job is over once the CBI completed its investigation and filed its report. Should we go a step further and say [an] order passed by a Constitutional authority [Governor] is correct or not.”

Mr. Mahajan, while challenging the Special Judge’s order, had also questioned the decision of Governor T.V. Rajeshwar in refusing sanction to prosecute Ms. Mayawati. He said that since the preliminary enquiry in this case was ordered by the apex court, it should continue to monitor the case to find out whether the Special Judge and the public prosecutor had acted in accordance with law or not.

The Bench said if cognisance was not taken by the Special Judge, “your remedy lies elsewhere. You can go on an appeal.”

Mr. Mahajan said, “In this case everything was done on the basis of directions issued by the apex court from time to time. There is no one to prefer an appeal against the Special Judge’s order as the CBI is not interested in filing the appeal. Since the subject matter was of protecting the cultural heritage and the investigation had taken place on its direction and the FIR in the case was registered by the Assistant Registrar of the apex court, the special bench could examine the issue of sanction.”

Mr. Mahajan also questioned the role of the CBI in seeking sanction from the Governor for the prosecution of Ms. Mayawati under Section 197 Cr.PC when the apex court had clearly stated that sanction was not required in corruption cases.

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