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New Delhi: The CBI is likely to challenge the Supreme Court's order which quased the disproportionate assets case against former Uttar Pradesh Chief Minister Mayawati.
Sources say the CBI is likely to argue that it registered the case against Mayawati in 2004 based on a Supreme Court direction. The CBI will seeks permission from Law Ministry soon.
The Supreme Court had on July 6 quashed the CBI probe against Mayawati in the disproportionate assets case and also pulled up the CBI for initiating the probe against her without specific directions from the court.
The court had said that the CBI should not have lodged an FIR against Mayawati as there was no direction from it.
The apex court had observed that the CBI FIR was unwarranted and the central agency proceeded without understanding its order in the Taj corridor case.
A bench headed by Justice P Sathasivam had clarified that the Supreme Court order pertained to initiating probe against state government officials in the scam and there was no such direction to lodge another FIR exclusively against Mayawati for allegedly amassing assets disproportionate to her known sources of income.
The apex court had said there is no finding in the CBI's status report of September 2008 that Mayawati had allegedly amassed disproportionate assets during the period 1995-2003.
The court had further said that its order of 2002 was specifically pertaining to Taj Corridor case and there was no direction for lodging an FIR against Mayawati as was done by the CBI.
While reading out the operative part of its judgment, the bench had observed there was "no such direction to lodge another FIR under Prevention of Corruption Act exclusively against Mayawati".
Mayawati had filed a petition in May 2008 seeking quashing of the criminal proceedings against her in the DA case, lodged by the CBI over eight years ago.
She had alleged it was an act of political vendetta against her.
A bench headed by P Sathasivam had reserved its judgment on May 1 after two-hour-long hearing during which the former Uttar Pradesh chief minister had accused the CBI of "fixing" the DA case against her, a charge refuted by the agency.
Mayawati had said the bench should direct the CBI to consider the aspect of order passed by the Income Tax Tribunal holding that her income was genuine and the order had also been upheld by the Delhi High Court.
The CBI had said there was "ample evidence" to show that she had amassed wealth disproportionate to her known sources of income.
Mayawati had claimed she had received the money as donations from party workers.
Questioning Mayawati's assets, the CBI had said her declared assets of Rs one crore in 2003 had gone up to Rs 50 crore in 2007.
The CBI, in its last affidavit filed on September 13, 2011, had alleged there was a "criminal nexus" between Mayawati and her relatives and the disproportionate assets case against her cannot be closed on the basis of conclusions arrived at by the Income Tax Department.
The agency had rejected Mayawati's stand that the DA case should come to an end after the income tax authorities accepted her income tax assessments.
With Additional Inputs From PTI
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