Dithering hitherto as it has been over the issue of tabling the Adarsh Inquiry report in the State legislature, the Congress-led DF Government found itself in a dilemma on Monday, as the Bombay High Court directed the Prithviraj Chavan dispensation to affirm on Tuesday whether or not it would present the contentious probe report in the Assembly during the ongoing Winter Session.
Holding that the petition filed by the Maharashtra BJP was maintainable, a HC division bench of Justices VM Kanade and MS Sonak refused to entertain the stand taken by the Maharashtra Government that it was not mandatory on it to table the Adarsh commission’s inquiry report.
“Whether or not it is mandatory for the Government to table the report we will consider later but first tell us if the Government plans to table the report in the ongoing winter session,” the HC bench observed.
Earlier, Counsel for the State Government, GW Mattos sought the dismissal of the petition on the ground that under Section 3(4) of the Commission of Inquiry Act, it was not mandatory on the State Government to table the report.
Mattos cited a ruling given by the Andhra Pradesh High Court to buttress his point that the petition filed by the BJP was not maintainable. “Apart from this, preparation of an action taken report on the commission’s panel report is an elaborate process. It will considerable time,” he said.
However, the HC bench refused to accept the State Government’s stand. It directed the State Government to have its say on the issue on Tuesday. On their part, the petitioners -- BJP MlA Yogesh Sagar and party spokesperson Atul Shah, have alleged a conspiracy behind the State Government’s unwillingness to make public the report and they have said that that it was trying to sweep the crucial probe report under the carpet.
Set up on January 8, 2011 under the Commission of Inquiry Act, 1952, a two-member Commission — comprising retired judge of the Bombay High Court JA Patil and retired Chief Secretary of Maharashtra P Subramanyam — which went into various aspects of the Adarsh scam — submitted its report to the Maharashtra Government on April 19 2013.