Mayawati had criminal nexus with relatives, CBI tells SC

New Delhi, Sept 13(PTI) Alleging there was a "criminal
nexus" between north Indian state Uttar Pradesh Chief Minister
Mayawati and her relatives, Central Bureau of Investigation
(CBI) Tuesday told the Indian Supreme Court that 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.
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 CBI Judge in 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 Tuesday 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.