New Delhi, Nov 25 (UNI) The Supreme Court will hear tomorrow a petition seeking transfer of the Taj Corridor scandal case, in which Uttar Pradesh Chief Minister Mayawati is the main accused, from Lucknow CBI court to some other court in the country.
A bench, headed by Chief Justice K G Balakrishnan, will consider the petition, filed by Ram Mohan Garg, on the grounds that free and fair trial in the case was not possible in the court of present CBI Judge Lucknow Rekha Dixit, who is a close relative of senior BSP leader and UP minister Satish Chandra Mishra.
Council for the petitoner, D K Garg contended that no sanction was required for prosecution of a public servant under the Prevention of Corruption Act, if he or she was facing allegations of acquiring disproportionate assets beyond his or her known sources of income, through corrupt means.
Before quitting as UP chief minister, after defeat of his party in the Assembly elections, the then chief minister Mulayam Singh Yadav had given the consent of the state government for prosecution of Ms Mayawati and her associates, including the then top bureaucrats in her government and a minister of her party.He had handed over the letter of consent to state Governor T V Rajeshwar.
The CBI judge had asked the CBI to obtain sanction from the Governor for the prosecution of Ms Mayawati. However, the Governor declined to give sanction and the trial judge ruled that Ms Mayawati could not be prosecuted for want of sanction.
The apex court had earlier directed the CBI to file a report of the Investigating Officer before the court for deciding whether prima facie case was made out against Ms Mayawati or not.
The apex court in Prakash Singh Badal case had already ruled that no sanction was required for the prosecution of public servants facing allegations of corruption.