No sanction by Governor: CBI seeks adjournment in the THC case

Lucknow, May 15: Awaiting sanction by the Governor to prosecute Chief Minister Mayawati, the Central Bureau of Investigation(CBI) today filed an adjournment application in the lower court here in connection with the Taj Heritage Corridor (THC) case.

CBI sources here said the adjournment application was submitted before Special Judge anti-corruption Rekha Dixit in which the central agency urged for an extension of the hearing.

In the application, CBI made the plea that as the sanction against Chief Minister Mayawati for prosecution was yet to be given by Governor T V Rajeswar, they are seeking an adjournment of the case.

The special judge was likely to give a fresh date when the court meets again after lunch break.

The CBI is still awaiting the prosecution sanction against Ms Mayawati and others in the Rs 175-crore THC case.

It has been three months since the agency moved to court with its investigation report. On February 15, the court had accepted the agency's report and directed it to get the sanction of the prosecution.

CBI sources said status of the case will remain the same till the CBI gets the Governor's nod on the prosecution of UP Chief Minister in the case. The case first came before the Supreme Court (SC) after an advocate filed a PIL challenging the decision not to prosecute Mayawati on the basis of the opinion of the Attorney General (AG), when the investigating officer had opined otherwise. The SC said the opinion of the AG was not required as the IO, superintendent of police and other concerned officers felt there was a case for Mayawati's prosecution.

The CBI moved the court with all its material. Now, as per the SC directions, the magistrate will proceed in accordance with Section 173 (2) of the CrPC.

The CBI probed the case over the past three years, under direct monitoring by the Supreme Court. In November last, it set aside the CBI's status report seeking closure of the case.

The SC made it clear that while placing the material before the special judge, the opinion of the Attorney-General and the Central Vigilance Commission (CVC) should not be sent.

The CBI's status report was based on the opinion given by Attorney-General Milon K Banerjee At that time, the SC did not accept the report and referred the matter to the CVC, which later recommended prosecution of Ms Mayawati. However,a three-judge Bench on November 27,2006 directed the CBI to place all material connected with the case before the designated court.

The CBI is now waiting for the sanction of the Governor to go ahead with the prosecution of Ms. Mayawati and five others including the former State Environment Minister Naseemuddin Siddiqui.

Interestingly, the file was sent to the Governor by the Mulayam Singh Government on May 9, two days before the declaration of results of the Assembly elections, which brought her Bahujan Samaj Party to power.

UNI