Monday, August 22 2005 18:19 Hrs (IST) - World Time -

New Delhi: In a view diametrically opposite to that of the Attorney General, the Central Vigilance Commission today (Aug 22, 2005), in a report to the Supreme Court,recommended prosecution against former U.P. Chief Minister and Bahujan Samaj Party (BSP) supremo Mayawati in the Rs 175 crore Taj Heritage Corridor Scam case.

The report was given to a Bench comprising Justice Ruma Pal, Justice S B Sinha and Justice S H Kapadia, which had referred the matter to CVC in the wake of Attorney General Milon K Banerjee concurring with the CBI Director that the heritage corridor scam case against Mayawati should be closed.

Taking into account the investigation carried out by the CBI into the case on the directions of the apex Court, the CVC also recommended of prosecution of former State Environment Minister Naseemuddin Siddiqui and former State Environment Secretary R K Sharma, both of whom have been named as key players in the scam by the premier investigating agency.

Mayawati's counsel and senior advocate K K Venugopal promptly challenged the power and the jurisdiction of the CVC to recommend prosecution of any person when the investigating agency and the Attorney General have opined otherwise.

The Court agreed to hear Mayawati and other persons, against whom the CVC had recommended prosecution, on the question whether the Court should direct the CBI to proceed with the case against them on the basis of this recommendation

The CVC also recommended prosecution of three other persons Rajendra Prasad, Kamal Radhu and M Sharma.

However, the Commission concurred with CBI in closing the cases against former Chief Secretary of Uttar Pradesh D S Bagga, Mayawati's former personal secretary P L Punia, former Union Environment Secretary K C Mishra, former State environment secretary V K Gupta and S C Vali, MD of the PSU given the construction contract for the Heritage corridor.

The opinion of the Attorney General not to prosecute Mayawati had come as a surprise as the Investigating Officer of the case, the Superintendent of Police, the Deputy Legal Advisor, the DIG, the Joint Director, Additional Legal Advisor and Additional Director CBI - had all opined that a case was made out for her prosecution.

Only the Department of Prosecution, the senior Public Prosecutor and Director CBI had opined that no action should be taken and the case be closed against the former Chief Minister.

The Court had ordered registration of FIR against Mayawati and others when an application filed by amices curiae Krishan Mahajan and a petition filed by Ajay Agrawal alleged that crores of rupees were being siphoned out of the Rs 175 crore project, which was yet to receive environmental clearance.

After the CBI completed its investigation, it had sought an opinion of the AG as to whether it should prosecute Mayawati on the basis of evidence gathered by it.