Citing jurisdictional limitation the environment bench of the Supreme Court on Monday expressed its reservations over going into the issue of examining Uttar Pradesh governor TV Rajeshwar?s refusal to grant sanction to prosecute chief minister Mayawati in the Taj Heritage corridor scam.
??It will be an adversarial jurisdiction,?? a special environment bench headed by Justice SB Sinha said while making it clear that its job ended with the completion of the CBI probe as directed by it and with the filing of the report before a special magistrate.
??Should we go a step further and say order passed by a constitutional authority (governor) is correct or not,?? the bench observed while reserving its order on the application challenging Rajeshwar?s decision refusing to grant sanction to prosecute Mayawati.
??It is not the question that something has not proceeded in accordance with law,?? the bench, also comprising Justices SH Kapadia and DK Jain, said, adding that the issue of sanction was different from the matter which it was monitoring and came to an end with the completion of probe.
??Cognizance will be taken in respect of the offence. Our jurisdiction has ended. It will be for the magistrate to take cognizance,?? the bench said.
However, clarifying that it was not saying that the order of the governor cannot be challenged, the bench said it can be redressed before other court as the special environment bench operates within its own parametres.
??We want to make it clear you have remedy but you cannot seek it from this bench,?? it said when advocate Krishan Mahajan, who is assisting the court as an amicus curiae in the matter, insisted that the same bench can examine the issue as it was on its direction that monitoring of the case had taken place.