Criminal nexus between Mayawati, relatives: CBI tells SC
Sep 13, 2011
New Delhi: The CBI today informed the Supreme Court that it suspect a
"criminal nexus" between Uttar Pradesh Chief Minister Mayawati and her
relatives and the disproportionate assets case against her cannot be
closed on the basis of conclusions arrived by the Income Tax
department.
In a fresh affidavit submitted before the apex court, CBI rejected
Mayawati's stand that the DA case should come to an end after the
income tax authorities had accepted her income tax assessments.
Uttar Pradesh Chief Minister Mayawati. Image coutesy PIB
The agency said "the investigation against the petitioner is based on
cogent evidence available in the form of documentary and oral evidence
which show that there is a criminal nexus between income of the
relatives and the petitioner as well as between Ms. Mayawati and her
donors and relatives".
Mayawati had earlier on the basis of a clean chit given by the Income
Tax Appellate Tribunal filed an application in the apex court to quash
the case registered by CBI against her for owning various moveable and
immovable assets far exceeding her known sources of income.
CBI told the court that it would soon file the charge sheet against
Mayawati before the Lucknow court and maintained the scope of criminal
proceedings were different from civil proceedings including the
immunity granted by the IT department.
The agency, however, said the orders of the IT Commissioner granting
immunity would be duly taken into account insofar as they were
applicable to the DA case against her while filing the final report
before the CBI court.
Rejecting Mayawati'claims, CBI said "the findings of the Income tax
authorities are relevant and material only for taxation purposes and
cannot have any bearing on the material evidence collected during a
criminal investigation.
"The evidence collected during the course of criminal investigation
into the DA case is to be appreciated in a trial court and the matter
cannot be foreclosed by relying on the findings of the income tax
authorities."
Mayawati had in an earlier affidavit said the Income Tax Appellate
Tribunal held that the entire income for the relevant check period
received by her by way of gifts or otherwise had been verified to be
genuine and lawful. She said thus the entire DA case had fallen flat
and no case of DA could be made out against her.
She also said the Commissioner of Income Tax had granted immunity to
her and CBI was bound to close the case against her.
"As a result of the acceptance of the declared income, the assets do
not exceed her income and therefore, there is no question of any
disproportionate assets", she had said.
The case, which was to come up for hearing today before a bench of
justices J M Panchal and H L Gokhale, was, however, not taken up and
is slated to come up for hearing on Wednesday.
PTI
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