MS. MAYAWATI versus UNION OF INDIA & ORS.

MS. MAYAWATI versus UNION OF INDIA & ORS.

The Supreme Court held that its order dated 18.09.2003 and related orders directed CBI to inquire only into Taj Heritage Corridor irregularities, specifically the Rs. 17 crores released without sanction, and not into petitioner’s alleged disproportionate assets. Accordingly, in absence of any such direction, the FIR No. R.C. 0062003A0019 dated 05.10.2003 is without jurisdiction and any investigation pursuant thereto is illegal and liable to be quashed.

Parties
Petitioner: Ms. Mayawati; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
06 July 2012
Procedural Posture
Writ Petition (criminal) No. 135 of 2008 / Final Decision
Outcome
Writ petition allowed. FIR quashed.
Legal Topics
Quashing of FIR, Prevention of Corruption Act, Jurisdiction of Investigative Agencies, Disproportionate Assets, Sanction for Prosecution
Criminal Law Constitutional Law Quashing of FIR Prevention of Corruption Act Jurisdiction of Investigative Agencies Disproportionate Assets Sanction for Prosecution

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Parties

Ms. Mayawati

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 135 of 2008 / Final Decision

Legal Issues

  1. 1 Whether FIR No. R.C. 0062003A0019 dated 05.10.2003 against the petitioner under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 for investigation into alleged disproportionate assets was beyond the scope of Supreme Court directions passed in its order dated 18.09.2003 in I.A. No. 376 of 2003 in W.P. (C) No. 13381 of 1984 (M.C. Mehta vs. Union of India & Ors.)

Ratio Decidendi

The Supreme Court held that its order dated 18.09.2003 and related orders directed CBI to inquire only into Taj Heritage Corridor irregularities, specifically the Rs. 17 crores released without sanction, and not into petitioner’s alleged disproportionate assets. Accordingly, in absence of any such direction, the FIR No. R.C. 0062003A0019 dated 05.10.2003 is without jurisdiction and any investigation pursuant thereto is illegal and liable to be quashed.

Court Disposition

Writ petition allowed. FIR quashed.

Orders

  • FIR No. R.C. 0062003A0019 dated 05.10.2003 under Section 13(2) read with Section 13(1)(e) Prevention of Corruption Act, 1988 quashed.
  • Any investigation pursuant thereto is illegal and stands quashed.