Taj Corridor Case: Governor denies sanction to CBI for prosecution, law officers prevail
NEW DELHI, JUNE 5: Flying in the face of the Central Vigilance Commissioner’s opinion, sought by the Supreme Court, that Mayawati was “directly involved” and should be booked for being “party to the conspiracy” in the Taj corridor case, Uttar Pradesh Governor T V Rajeshwar today denied permission to the CBI for prosecuting her and her former Minister Naseemuddin Siddiqui.
This makes it clear that at the end of five years of high-voltage judicial and political drama in this case, it’s the opinion of the UPA Government’s Law Officers, not the investigating officers, that has eventually prevailed.
The decision comes days after Mayawati, after her resounding election victory, said that her support to the UPA was intact.
CBI officials today said that save another intervention from the courts, their case against Mayawati and Siddiqui is virtually over while they would still pursue charges against fromer state Environment Secretary RK Sharma and other accused persons, Rajendra Prasad, Mahendra Sharma and Kamal Radhu.
The Governor based his refusal on the opinion of Additional Solicitor General Gopal Subramanium. In the 25 days he took to give his crucial opinion since he received the file on May 8, the Governor held lengthy consultations with the ASG during his visit to Delhi last month following which Subramanium submitted a 262-page opinion to him. The Governor also called to Lucknow three CBI officers who had stated on file that a strong case was made out against Mayawati.
In fact, today’s decision follows a pattern. Earlier, in 2005, it was only because the opinion of the CBI’s investigating officers clashed with that of S K Sharma, the agency’s Director of Prosecution (a Law Ministry officer) that Director U S Mishra sought the opinion of Attorney General Milon Banerjee. Banerjee said no case was made out against Mayawati and cited the view of the Law Ministry’s Deputy Legal Advisor.
When contacted by The Indian Express, Mishra said that the issue of seeking sanction now needed to be re-examined in view of the Supreme Court judgment in the Parkash Singh Badal case: “After this, it is up to the courts and the CBI to examine whether sanction is required under the Prevention of Corruption Act or not,” he said.
It was after Mishra had sought closure of the Taj Corridor on the basis of the AG’s opinion that the Supreme Court took the step of seeking the opinion of the Central Vigilance Commissioner. The CVC backed the CBI.
The Governor’s 23-page confidential opinion, handed over to the CBI in Lucknow in a sealed cover on Sunday afternoon, was curiously distributed by Mayawati at a press conference in Lucknow. In it, the Governor states that the grant of sanction is “not an idle formality but a serious exercise” and that he found it “extraordinary” that the CBI levelled charges of corruption, conspiracy and forgery against the Chief Minister.
He also criticised the CBI for making out the scam to be worth Rs 175 crore when actually only Rs 17 crore was spent on the Taj corridor project and another Rs 18 crore was released by the Central Government.
Once upon a time CVC said,
As first reported by The Sunday Express on January 22, 2006, the CVC had arrived at the “irresistible inference” that Mayawati was “directly involved” and “party to the (Taj corridor) conspiracy”. Here’s how the CVC built its case against the present CM:
• She was aware that work had begun without Union Cabinet OK
• As environment minister, failed to inquire about project execution
• Work started without proper reports, assessments
• Took no action when state released funds without approval