The UP Governor’s decision not to accord sanction to the CBI to prosecute Chief Minister Mayawati and her Cabinet colleague Naseemuddin Siddique in the Rs 175 crore Taj Heritage Corridor case on the ground that there is “no element of corruption on her part” and no forgery either, is politically amoral and judicially suspect. The gist of his order is that though she may have approved the project, the Centre was equally involved. The funds were released by the Cabinet Committee on Economic Affairs after she wrote to Union Minister T R Baalu for sanctioning the project. Further, the mission management board consisting of officers of both the State and Central Governments regularly met and discussed the project.  Even the sum of Rs 17 crore was spent through the Central public sector undertaking, the National Projects Construction Company. His reasonings are specious.  Even if the Centre chose to go along with her, does it absolve Ms Mayawati of the blame?
The project runs foul of the Ancient Monuments and Remains Protection Act, 1958 under which any construction on a 100-metre area around the two World Heritage monuments — the Taj Mahal and the Agra Fort — is strictly prohibited. The Archaeological Survey of India (ASI) had also raised objections to reclamation work carried out just 80 metres from the walls of the Agra Fort.  In July 2003, the Supreme Court ordered a CBI enquiry after noting that the green signal to the project had been given without the mandatory environment and other statutory clearances and no detailed project report had been approved either by the Union Government or the Environment Ministry.  In March 2005, the apex court asked the opinion of the Central Vigilance Commissioner after the Attorney-General wanted the case closed. And the CVC found that Ms Mayawati was directly involved. Subsequently, the CBI sought sanction this February. Yet, the Governor exonerated Ms Mayawati within days of her returning to power as chief minister. In doing so, he has disregarded the opinion of the Additional Solicitor-General Gopal Subramaniam. The Governor, instead of satisfying himself whether there is a prima facie case, has abused the power of sanction. Ms Mayawati’s reaction that she would announce the Bahujan Samaj Party’s preference for the presidential candidate, now that she has been cleared, smacks of a quid pro quo.