Legal hurdles for the BSP chief are not over yet. Experts say that the decision of the Governor not to grant sanction to prosecute her was open to judicial review.
NEW DELHI: Uttar Pradesh Governor T V Rajeshwar's refusal to grant sanction to prosecute Chief Minister Mayawati in the Rs 175 crore Taj Heritage Corridor case might have brought a reprieve to her but experts are of opinion that legal hurdles for the BSP chief were not over yet.
They said the decision of the Governor not to grant sanction to prosecute her was open to judicial review. The apex court can examine it if a PIL is filed in this regard.
"It's open to Supreme Court to go into it (on the issue of sanction) if an application is filed. If the apex court comes to the conclusion that there was ample evidence and material to prosecute and finds that the decision not to grant sanction was malafide it can be quashed," former Law Minister Shanti Bhushan said.
While agreeing with Bhushan that Governor's decision was open to judicial review, former Additional Solicitor General Mukul Rohatgi said, "When Supreme Court has said that there was material to prosecute Mayawati how can the Governor say there is not sufficient evidence to grant sanction to prosecute her".
He was of the view that even the Magistrate can go ahead with the prosecution and referred to the recent judgements of the apex court saying that the prosecution can go ahead against the public servants even without grant of sanction.
"The Supreme Court has diluted the effect of grant of sanction and it (prosecution of public servants) can be done without sanction and in any case under the order of the apex court," Rohatgi said.
Rohatgi said the decision not to grant sanction was more a political which was taken keeping in view the new political equation in the state and anybody can approach the apex court challenging the Governor's decision.
Senior advocate P P Rao said at this stage even the trial court can consider whether there is a prima facie case to proceed with it.
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