New Delhi, Jan 25 (UNI) The Supreme Court today allowed a petitioner to approach Allahabad High Court for transfer of disproportionate assets case against UP Chief Minister Mayawati pending in the court of CBI Special Judge (Lucknow)Rekha Mishra to some other court on the ground that the judge was a relative of senior BSP leader SC Mishra.
A bench comprising Chief Justice KG Balakrishnan and Justice RV Raveendran permitted the petitioner Ram Mohan Garg to withdraw his petition and dismissed the same as withdrawn.
Counsel for the petitioner DK Garg, earlier, contended that there was only one CBI court in the state and the case will have to be transferred outside the state since free and fair trial was not possible as the judge was a close relative of Mr Mishra.
Senior counsel KK Venugopal appearing for Ms Mayawati, however, denied the allegation and also contended that the judge was not related to Mr Mishra in anyway.
Mr Garg, however, strongly opposed the appearance of Mr Venugopal as he was appearing without any notice from the court and he was also not a caveator.
The petitioner had also challenged the decision of UP Governor refusing to grant sanction for prosecuting Mayawati for acquiring assets worth over Rs 100 crores through corrupt means by misusing her official position as Chief Minister in Taj Corridor scandal.
The previous Mulayam Singh Yadav government, on its last day in office, had granted sanction for prosecuting Ms Mayawati.
The CBI Judge (Lucknow) asked CBI to get sanction from the state government under Section 19 of Prevention of Corruption Act despite the Supreme Court judgement in Parkash Singh Badal case in which the apex court had held that public servants including politicians and bureaucrats facing allegations of corruption and fraud, cannot enjoy protection of the provisions of sanction as corruption and fraud have no nexus with discharge of official duty and the provision of sanction is available only to honest and upright public servant.
UNI AKS/SC AM GC1804