SC allows Mayawati's plea for adjournment in DA case

The Supreme Court on Monday allowed UP Chief Minister, Ms Mayawati's plea seeking postponement of hearing in the disproportionate assets case relating to her declared wealth going up from Rs one crore in 2003 to Rs 50 crore in 2007. A bench comprising Justices B. Sudershan Reddy and
S.S. Nijjar adjourned the hearing in the case for four weeks after it was submitted on the BSP supremo's behalf that her lawyer was indisposed. In a fresh affidavit filed before the apex court, the CBI has said it has found cogent, credible and admissible evidence for prosecuting Ms Mayawati in the case. CBI's response had come after Ms Mayawati's allegation that she was being discriminated against and that the probe agency should drop the proceedings against her in the wake of the Commissioner Income Tax (CIT appeal) order of April 5 and 19, 2010 giving her a clean chit in the case. However, the CBI had countered her contention saying that the CIT (appeal) order has been challenged before the Income Tax Appellate Tribunal (ITAT). "It is submitted that the order of CIT (appeal) passed on April 5 and 19, 2010 with respect to the assessment year 2001-02 and 2002-03 have been challenged by the Income Tax Department in the ITAT and the matter is sub judice. "Since the I-T department has appealed against the order, therefore, the DA case cannot be closed just on the basis of these orders specially in the light of independent investigation carried on by CBI in which cogent, credible and admissible evidence has been collected," the CBI had said. CBI had contested Ms Mayawati's plea that the probe agency was harassing her despite Commissioner Income Tax (CIT appeal) giving her a clean chit in the case, saying there were reliable and cogent oral and documentary evidences to prove the case. "It is strongly denied that the case is based on surmises, conjectures or preconceived notions, rather the case is based on reliable and admissible evidence. "During the investigations conducted by the CBI, reliable and cogent oral, documentary and circumstantial evidences have been collected in support of the bogus nature of the gifts in the form of cash and other immovable assets claimed to have been received by the petitioner (Mayawati)," the affidavit said. The CBI had said that the complexion of the matter has not changed in any manner following the CIT order and it has registered and carried out investigation of the DA case in pursuance of the apex court's order and has never overstepped its authority.

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