Why SC dismissed PIL pertaining to ‘memorial scam’, involving Mayawati and BSP

The PIL was filed successful 2009 by 2 advocates — Ravi Kant and Sukumar — seeking directions to halt further construction, and region the statues of Mayawati and the elephants. It besides sought an bid for the CBI to analyse the alleged misuse of funds, nonstop Mayawati and the BSP to supply compensation for funds used, and contented guidelines for gathering memorials and statues of nationalist leaders.

The memorial scam invited scrutiny from a big of authorities successful the years since the allegations were archetypal made. Aside from the SC, the ECI, UP Lokayukta, Central Vigilance Commission, and the Enforcement Directorate person already weighed successful connected the allegations oregon are investigating them.

Why did the SC disregard the petition?

The Bench of Justices B V Nagarathna and S C Sharma held that the reliefs sought successful the petition had go “infructuous” (unnecessary oregon fruitless), and could nary longer beryllium granted.

The Bench stated that operation for the statues had already been completed and taking them down would necessitate further usage of nationalist funds. The seat besides noted that the Election Commission of India (ECI) has issued guidelines connected the operation of statues and memorials utilizing nationalist funds.

What did the ECI say?

In April 2009, the ECI issued a connection (clarifying past instructions) stating that “photographs and images of the governmental functionaries, who person heavy power connected the minds of electors and galore of whom are inactive progressive successful nationalist beingness and whitethorn adjacent beryllium contesting the existent wide elections, should not beryllium displayed successful the authorities buildings and premises arsenic that would person the effect of disturbing the level playing tract vis-a-vis the governmental functionaries of different parties and candidates.”

Based connected this communication, Ravi Kant and Sukumar petitioned the ECI successful July 2009 to frost the elephant predetermination awesome of the BSP and disqualify Mayawati from contesting further elections arsenic her statues would “continue to make an unequal playing crushed for her opponents during elections”.

However, the ECI successful October 2010 ruled that the lawsuit does not autumn nether immoderate of the grounds for disqualification for Parliament oregon authorities Assembly members successful the Constitution and that the ECI could not make caller grounds.

On the contented of freezing the predetermination symbol, the ECI accepted the BSP’s statement that the statues were erected with support from the authorities Legislature, ruling that “the question whether the BSP has misused its presumption arsenic the ruling enactment successful getting the statutes of Ms. Mayawati and elephant installed with nationalist funds, during the non-election period, is not for the Commission to spell into”.

The ECI besides noted that erstwhile the authorities authorities was asked to proviso accusation connected the fig of statues installed and the full expenditure, the authorities questioned the ECI’s jurisdiction and “ refused to furnish the basal factual accusation sought”. As the ECI was “in the dark” connected these details, it ruled that it was “not successful a presumption to gauge the interaction of the supra statues, and the grade of specified interaction connected the minds of the electors”.

What happened pursuing the ECI order?

In 2010, the NGO Common Cause challenged the ECI’s bid earlier the Delhi High Court, arguing that “it is illogical and unjust to cull a petition connected the crushed that the different enactment had not provided the accusation sought by the Commission”.

In July 2016, the Delhi HC held that the ECI does not person the powerfulness to retreat oregon frost an predetermination symbol. However, it besides said the ECI “upon uncovering a incorrect oregon a anticipation of incorrect successful the arena of election…cannot explicit helplessness owing to deficiency of immoderate existing proviso and has to devise ways and means to code the wrong, to support purity successful the watercourse of election”.

The tribunal past directed the ECI to contented guidelines to forestall governmental parties from utilizing nationalist places and nationalist funds to propagate predetermination symbols and enactment leaders, and past see whether the BSP’s actions violated those guidelines.

The ECI followed up connected these directions successful October 2016, issuing a directive to each governmental parties stating: “The Commission has directed that nary governmental enactment shall henceforth either usage oregon let the usage of immoderate nationalist funds oregon nationalist spot oregon authorities machinery for carrying retired immoderate enactment that would magnitude to advertisement for the enactment oregon propagating the predetermination awesome allotted to the Party”. However, successful a consequent bid delivered successful January 2017, the ECI stated that the October 2016 bid “cannot beryllium enforced retrospectively” against the BSP.

Are immoderate investigations inactive ongoing?

Following the latest SC and ECI orders, it appears that nary further enactment volition beryllium taken against Mayawati arsenic a portion of the memorials scam. With that said, investigations are inactive ongoing based connected the findings of the UP Lokayukta court.

The tribunal initiated a probe into the alleged scam successful 2013 pursuing the Samajwadi Party’s emergence to powerfulness successful UP. The probe was initiated based connected a notation by past UP Chief Minister Akhilesh Yadav successful 2012. The tribunal indicted 199 persons successful 2013 including 12 MLAs and 2 erstwhile ministers who worked with the Mayawati authorities — past PWD Minister, Naseemuddin Siddiqui and the past Mining Minister, Babu Singh Kushwaha — though Mayawati herself was fixed a cleanable chit by the court. In the last study published successful May 2013, the Lokayukta alleged that implicit Rs 1400 crore successful nationalist wealth had been siphoned disconnected successful the operation of the memorials, amounting to 34% of the full budget for the operation of memorials and parks.

Based connected these findings, the UP Vigilance Department registered a ailment successful 2014. The Vigilance Department sent notices to the 2 indicted ministers successful 2021. The probe appears to beryllium ongoing, with the section registering a disproportionate assets lawsuit against the Managing Director of UP Rajkiya Nirman Nigam successful January 2024 for his alleged engagement successful the scam. The Enforcement Directorate — the bureau liable for investigating wealth laundering offences — besides registered a ailment successful 2016 and is investigating the matter. The bureau conducted searches connected respective locations successful Lucknow successful 2019. In 2024, it questioned retired IAS serviceman and erstwhile Noida Authority CEO Mohinder Singh.