Refusing to defer the hearing the Taj Heritage Corridor case PIL any further, the Lucknow Bench of Allahabad high Court has asked the Central Bureau of Investigation to start its argument.

The PIL was filed at the Lucknow Bench of Allahabad High Court on February 20 by Kamlesh Verma, a resident of Mahoba. The petitioner has asked why the CBI, after drawing a chargesheet, has sought the Governor's sanction to prosecute Chief Minister Mayawati.

The petitioner cited the case of Prakash Singh Badal vs State of Punjab of 2007, in which the Supreme Court had stated that in cases of forgery and cheating, “no sanction is needed, irrespective whether it is against a public servant, because it does not come under discharge of official duty”.

Rohit Tripathi, the petitioner's lawyer, who is assisting senior Supreme Court advocate Kamini Jaiswal in the case, said the CM was facing charges under Sections 420, 467, 468 and 471 -- all for forgery and cheating of different forms.

The Bench, comprising Justice Pradeep Kant and Justice Shabihul Hasnain, has asked the CBI lawyer to start their argument.

Senior CBI lawyer Vireshwar Nath told the Bench that the designated CBI court did not take cognizance of the case, since sanction for prosecution was not granted by the Governor.

The opposing party said the Supreme Court ruling in one particular case cannot be referred as a general law. As per law, if a public servant is charged under any Section of the IPC, it is mandatory for the investigating agency to seek sanction from the competent authority — which is also the appointing authority — under Section 197 of Criminal Procedure Code. Besides, if the public servant is facing charges under the Prevention of Corruption Act, sanction of the competent authority is required under Section 19 of the Act.

... contd.