UP: Hearing in Taj case deferred till June 1

Lucknow, May 23: With the CBI still awaiting UP Governor T V Rajeswar's permission for prosecuting Chief Minister Mayawati in the Rs 175 crore Taj Heritage Corridor case, a special CBI court today defferred the hearing into the matter till June 1.

As the Governor is yet to give his nod, the Central agency has filed an adjournment application in the court of Special Judge (Anti-Corruption) Rehka Dikshit.

CBI sources here said the application urged for an extension of the hearing.

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

The sources said nothing much will move in the case till the Governor sanctions the prosecution.

The case first came before the Supreme Court 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 apex court said the opinion of the AG was not required as the IO, Superintendent of Police and other officers concerned felt there was a case for Mayawati's prosecution.

The CBI moved the court with all its material. Now, as per the Supreme Court 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, the apex court set aside the CBI's status report seeking closure of the case.

The Supreme Court 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 Court 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 awaiting 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 Mayawati-led Bahujan Samaj Party to power.

UNI