Mayawati places documents in SC to counter DA case

Though the documents were submitted in a sealed cover before a bench headed by Chief Justice K G Balakrishnan, the advocates, appearing for the Chief Minister, later said those documents would "vindicate" her allegation that CBI has been dragging the case for "political vendetta".

"We have placed documents which pertains to CBI probe into the case, clean chit given to her by the Income Tax Tribunal, records from Parliament and statements made by rival politicians against her," Additional Advocate General of Uttar Pradesh Shail Kumar Dwivedi said after the court proceedings.

During the brief hearing, Attorney General G E Vahanvati said he would file objections to the delayed rejoinder affidavit filed on behalf of Mayawati. The BSP supremo, in her affidavit, has alleged CBI was adopting different yeardsticks against opposition politicians and cited the instance of RJD chief Lalu Prasad against whom it had not preferred an appeal against his acquittal in a disproportionate asset case when he was in the previous government.

"You cannot have different yardsticks for differrent politicians, particulalry those in opposition," she said in the affidavit.

The affidavit said that the case against Mayawati was politically motivated is clear from the fact that CBI was dragging it despite knowing well that the then Uttar Pradesh Governor T V Rajeshwar had on June 3, 2007, refused to grant sanction for her prosecution. The Governor's decision was based on the opinion of a senior law officer.
Dwivedi said the documents placed before the bench would make it clear that a person claiming to be a CBI sleuth had met one of the party MPs ahead of the crucial confidence motion in July 2008.

Further, there are material relating to the income tax case against Mayawati in which the Income Tax Appeallate Tribunal has held that the assessing officer had erred in the assessment.

He said papers relating to the statements of Congress leader during the election campaign purportedly about CBI has also been placed. The BSP supremo, who has in an affidavit alleged the case lodged against her in 2003 was politically motivated,also placed certain documents which forms part of Parliament record during the debate on confidence motion in July 2008 to refute the contentions of the investigating agency.

CBI, during the earlier hearing, had said the chargesheet in the case was ready for filing before a competent court. Dwivedi, during the earlier hearing on July 13, had said an affidavit has also to be filed by the then BSP MP in Lok Sabha Brajesh Pathak who participated in the debate in Parliament and made a reference to meeting with a person claiming to be CBI official.

He had claimed Pathak, now a Rajya Sabha MP, was handed over some papers which were part of record of CBI's investigation into the disproportionate asset case, by a person purporting to be a CBI official.

He had further claimed those documents show no case was made out against the Chief Minister and the MP was promised to be obliged if the government was saved.
CBI, in its fresh affidavit filed in July last, had said "the competent authority has already taken a decision to file the final report under section 173 of the criminal procedure code in the designated trial court."

CBI counsel had said there has not been any change in its stand to what the apex court was informed on January 12, 2009 when it had said there was enough evidence to prosecute Mayawati in the case.

The agency had pointed out that Mayawati's declared assets of Rs one crore in 2003 went up to Rs 50 crore in 2007 and said there was "ample evidence" to show she had amassed wealth disproportionate to her known sources of income. Mayawati has claimed she had received the money through donations from party workers including meagre sums of Rs five and Rs ten, which they contributed on her birthday.

The UP CM filed a petition in May, 2008, seeking quashing of the criminal proceedings against her in the case alleging it was registered due to "political reasons".
CBI, which had lodged a DA case against the BSP chief in 2003, alleged the assets shown by her in Akbarpur Lok Sabha constituency were worth over Rs one crore, whereas the assets increased to over Rs 50 crore in her declaration papers submitted during the 2007 assembly polls.

The agency had earlier said she had been questioned about the wealth for over three years and Mayawati had claimed it came from donations of party workers.
However, it contended that Mayawati's reasoning was not plausible and that it was likely to file a chargesheet against her soon. The agency refuted Mayawati's allegation that the UPA government was using the probe to serve its political interests.

The CBI had registered the FIR against Mayawati on October 5, 2003 after the apex court had ordered the agency to investigate the Rs 175 crore Taj Heritage Corridor scam.
When the matter had come for hearing earlier, the Centre had said the two reports placed before the apex court by CBI on September 18, 2003 contained the issue relating to the assets.

It had said Mayawati was participating in the inquiry since 2005 which could have been concluded by 2006 but was delayed as the Chief Minister was making several representations-- even to the Prime Minister-- as she was "scared" of the investigation's outcome.