The CBI today told the Supreme Court that it will consider a representation made by Uttar Pradesh Chief Minister Mayawati for closure of proceedings against her in the corruption case in view of the favourable orders passed by the income tax authorities.
"CBI will need time to re-look into the whole case in view of the representation made by Mayawati," Attorney General G E Vahanvati said before a bench comprising Chief Justice K G Balakrishnan and Justices A K Ganguly and B S Chauhan, which posted the matter for hearing in August.
The Attorney General said since the representation was made three days ago, the agency will take some time to go through it.
The Chief Minister, in her representation, said that the CBI was bound to apply the same principle adopted by it in the disproportionate assets (DA) cases of Samajwadi Party chief Mulayam Singh Yadav and RJD supremo Lalu Prasad in which proceedings were closed on the basis of the findings of the income tax authorities and on the advice of law officers.
Senior advocate S C Mishra, along with Uttar Pradesh Additional Advocate General Shail Kumar Dwivedi, appearing for Mayawati, said the agency has to consider the representation in which the details of the orders of the income tax authorities were annexed.
Mayawati, who filed an affidavit on Wednesday, alleged that the CBI was proceeding in a discriminatory and hostile manner against her in the DA case by adopting different yardsticks vis-a-vis cases those involving Mulayam Singh Yadav and Lalu Prasad.
She contended the case registered against her by the CBI six years ago has been "completely demolished" by the two orders of the Income Tax Department passed on April 5 and 19 in her favour. The I-T orders relate to the assessment years 2001-02 and 2002-03.
The BSP chief, who has alleged the case against her was politically motivated, sought its closure on the basis of the recent orders of the Commissioner of Income Tax (Appeal) which held that all the gifts received by her for the two assessment years were "totally genuine and bonafide".
Mayawati said that under such circumstances, "no case of disproportionate assets can be sustained against me".
In the affidavit, the Chief Minister said even though her case was "much stronger" than that of Prasad and Yadav, no closure report has been filed as yet.
"The CBI cannot discriminate between two individuals merely on the basis of its whims or choice as the same would be liable to be struck down in view of Article 14 (right to equality) read with Article 21 (personal liberty) of the Constitution," it said.