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03 February 1998

Sinha discusses LoC case with legal experts

EXPRESS NEWS SERVICE  
NEW DELHI, February 2: Assam Governor S K Sinha, who arrived in New Delhi yesterday, is said to have met former Chief Justice J S Verma and Attorney General Ashok Desai. The meetings were described as informal but sources said the Governor apparently discussed the legal position of the charge-sheet against Chief Minister Prafulla Mahanta in the Letters of Credit (LoC) scam.

Sources said Sinha, who is yet to grant sanction for Mahanta's prosecution, held ``wide-ranging discussions'' on the subject. When contacted, Desai refused to comment on his meeting with Sinha.

The Governor's consultations in New Delhi assume importance since there has been a clear divergence of legal opinion over Mahanta's role in the scam. Additional Solicitor General Altaf Ahmed had reportedly told the Central Bureau of Investigation (CBI) that there cannot be a case against Mahanta on the basis of evidence gathered by the agency. The investigating officer was understood to have given his opinion against Mahanta's prosecution.

TheCBI, however, had consulted its lawyers and had taken independent legal opinion, which suggested that it has a prima facie case against Mahanta and the Governor's permission must be sought for his prosecution. The Governor, however, sought more evidence against Mahanta, including evidence that his assets were disproportionate to his income.

The CBI then sent a second instalment of documents to substantiate its claim. It alleged that over four crore rupees were drawn from the Sibsagar government account in the name of animal husbandry. The money went into the account of prime accused R P Bora, who was alleged to have paid Rs 40 lakh to Mahanta. Even the CBI's second instalment left several questions unanswered. For instance, the Governor asked for ``documentary proof'' about Bora's payments and files relating to his appointment as chairman of a state livestock corporation. The CBI said that this file is missing.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.



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