SC: Big B can’t be prosecuted in Barabanki case

In a relief to Amitabh Bachchan, the Supreme Court on Monday gave him absolute protection from any future vindictive proceedings by the Mayawati government in relation to the Barabanki land, which the superstar had returned to the gram sabha following the controversy.

What came out from the apex court proceedings was the Mayawati government’s intention to target Bachchan and none else over the land deal.

When the state persisted that there was clear evidence of forging of land records and wanted permission to conduct an investigation, a bench comprising CJI K G Balakrishnan and Justice Aftab Alam said there was no evidence of Bachchan indulging in any forgery.

“If at all there was any forgery in the revenue records, it could have been done only by the officials and the state is free to inquire and proceed against them. If the government agrees, we will allow this,” the bench said. But, with Bachchan, a friend of rival SP leaders, out of the loop, the Mayawati government refused to take the offer. The bench, then, dismissed the state’s appeal.

Appearing for the state, senior advocate K K Venugopal and additional advocate general S K Dwivedi challenged an Allahabad high court order, giving a clean chit to Bachchan in the Barabanki land deal case after the mega star waived his claim over the farm land.

“The maxim ‘no person is above the law’ does not seem to apply to Amitabh Bachchan as despite clear evidence of forgery, the HC has restrained initiation of any criminal, civil or revenue proceedings against him relating to the land deal,” Venugopal said in his arguments. The bench wondered why the state was so keen to prosecute Bachchan despite the fact that he had given up the land and the gram sabha did not want to proceed against him.

Venugopal, faced with a bench that was not inclined to interfere with the HC order, stressed that there was glaring irregularities in the revenue records — the entries were made by different persons and wrong residential address given by the actor.

He said investigating an irregularity was the state’s prerogative and the HC couldn’t have said that no revenue, civil or criminal proceedings could be initiated against the actor as he had relinquished his claim over the 2.75 bighas of land at Daulatpur in Barabanki.

The HC, after waiver of Bachchan’s claim over the land, had concluded that in the absence of any proof against the actor committing any fraud or manipulating revenue records, it would be futile to proceed against him. The HC had ordered the land be restored to the gram sabha, the original owners. Fresh trouble for Amitabh The district authorities in Barabanki on Monday issued a notice to Amitabh Bachchan accusing him of undervaluing the stamp duty on a plot of land he bought. Additional district magistrate (finance) of Barabanki Shirish Dubey issued the notice to Amitabh and fixed May 5 for a reply.

The Times of India 1st April 2008 Delhi P. 11

With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in