DA case: Supreme Court agrees to hear plea against BSP chief Mayawati

NEW DELHI: The Supreme Court on Wednesday brushed aside the CBI’s plea for dismissing a public interest litigation demanding a fresh first information report against BSP leader and former Uttar Pradesh chief minister Mayawati on the basis of new evidence alleging disproportionate assets. The court said it will examine for itself whether a new FIR is warranted in the case, a development that could potentially prove embarrassing to Mayawati ahead of the 2017 assembly elections in the state.

A bench, comprising justices AR Dave and Adarsh K Goel, dismissed Attorney General Mukul Rohatgi’s argument that the CBI had no other evidence against the former CM other than what had already been scrutinised by the Income Tax Appellate Tribunal and the high court and could not file a fresh FIR against Mayawati. Both the tribunal and the high court had held after seeking an explanation from Mayawati that her wealth was not illegal and was part of gifts she had got from her supporters, and the CBI had accepted that position, Rohatgi said.

However, the bench posted the petition, which is seeking filing of a fresh FIR against her under the Prevention of Corruption Act, for further hearing at a later stage.

The bench did so after it had heard out the lawyer for the PIL petitioner Kamlesh Verma, who said that the earlier probe related to a different period, that is, 2003-2004. Since then, his lawyer Kamini Jaiswal said, the petitioner had got hold of fresh evidence to show alleged disproportionate assets accumulated by Mayawati between 1997 and 2003. Jaiswal said that though sufficient evidence had already been collected by CBI during its probe and a charge sheet had been drawn against Mayawati, she was being allowed to go scot free.

Senior advocate KK Venugopal, who appeared for Mayawati, also urged the court to dismiss the PIl filed in 2014. It was politically motivated, he said, pointing out that the petitioner had quit BSP after being denied party ticket to contest elections.

The petitioner later joined the Congress party and lost both the assembly and Lok Sabha elections to BSP candidates, Venugopal said.