In what may land Sushilkumar Shinde in trouble, a social activist has — in an application seeking a direction from the Bombay High court that the Union Home Minister be made an accused in the Adarsh scam case — alleged that Shinde owns a benami flat in the 31-storey building constructed Adarsh Co-Operative Housing Society at Colaba in south Mumbai

On Friday, social activist Pravin Wategaonkar — who has filed a public interest litigation alleging money-laundering by Adarsh’s members — filed an application before the high court, seeking a direction to the CBI to make Shinde an accused in the Adarsh scam case.

Making a case for simultaneous probe into the money trial in the scam by the Enforcement Directorate (ED), Wategaonkar asked the ED to file its affidavit on the payments made on behalf of late Major NW Khankhoje for purchase of a flat in Adarsh society.

Alluding to a deposition made by former MlC and Society’s chief promoter  Kanhaiyalal Gidwani before the two-member commission that probed the various sanctions granted by the Maharashtra Government to the Adarh society, Wategaonkar stressed on the various acts of commission and omission on Shinde’s part vis-a-vs the Adarsh society in his capacity as the then Chief Minister of Maharashtra. 

Quoting Gidwani’s deposition before the inquiry commission vis-à-vis the membership of Major Khankhoge, Wategaonmkar stated: “Shri Gidwani says, Rs The name of Maj. N W Khankhoje was suggested to me by Shri. Sushil Kumar Shinde….. Shri Shinde requested me to accommodate Maj NW Khankhoje…This deposition of Gidwani lends credence to the allegation that Shinde had a personal interest in the membership for someone from Khankhoje family in Adarsh Society”

“It is likely that since Devyani Khankhoje was found ineligible in spite of her name being in the list along with letter of Intent dated January 18, 2003, Shri Shinde

requested Shri Gidwani who was chief promoter of Adarsh Society, a member of its Managing Committee and a prime accused in this case, to consider the membership of Maj NW Khankhoje,” Wategaonkar stated.

“Shri Shinde, it appears, has abused his position as a public servant for the benefit of someone from Khankhoje family — known or related to him in connivance with office bearers of Adarsh Society, contrary to public interest, and appears to be part of criminal conspiracy in the Adarsh Society case,” Wategaonkar alleged, as he sought a direction from the court to make Shinde an accused in the case and take action against him as per law.

Wategaonkar stated in his application that Capt. Kiran N Khankhoje, son of late Major Khankhoje and husband of Devyani Khankhoje, had deposed before the commission, saying that when his father applied for Adarsh’s membership, he (Kiran) was to make all the payments. However, his father was not found financially independent and was held ineligible for membership.

Despite this, Shinde asked the Society to make Khankhoje a member, Wategaonkar stated in his application.

Kiran also told the commission that his father’s will did not mention anything about the flat in Adarsh society. It demands that ED should probe the money trail in respect of payments made by/on behalf of Khankhoje for the flat which would “reveal the true owner”, Wategaonkar stated further in his application. The high court is expected to hear Wategaonkar’s application on July 8.

The CBI is investigating, among other things, the alleged irregularities in the issuance of NOC and subsequent land allotment to the Adarsh society for the construction of a 31-storey building at Colaba in south Mumbai. It is also specially trying to establish the role of the officials from the Defence Estate and the Colaba-based Army headquarters (Maharashtra and Gujarat) who gave the NOC to the Adarsh society’s building, which overlooks defence installations, compromising the national security and disregarding the environment concerns.

The CBI is also ascertaining if the Adarsh society’s promoters had complied with the commitments for the welfare of war widow and defence personnel involved in the Kargil operations, that they had made to the various government agencies while seeking allotment of land and other clearances.