In a setback to the CBI, the Bombay High Court on Wednesday directed the CBI to conduct further probe into the ‘benami’ flats in the scam—tainted Adarsh building, after holding that it was not satisfied by the manner in which the central agency had carried out the investigations earlier.
A week after it demanded to know as to why the CBI’s report was “silent” on the specific queries it had raised by it in connection with its probe into benami flats in the scam-tainted Adarsh building, a HC division bench of Justices Abhay Oka and AA Sayed noted that since the investigation officer concerned had not applied his mind, it wanted the central agency to conduct further probe into the “benami” flats in the Adarsh building.
“From the two reports submitted earlier (by the CBI) we find that there has been no application of mind by the investigating officer of CBI. It is suffice to say that we are not satisfied with the manner in which investigation has been carried out. We therefore deem it appropriate to direct CBI to carry out further probe on specific allegations levelled in the petition,” the HC bench said.
The court directed the CBI to submit a fresh probe report on December 16.
The high court was hearing a public interest litigation filed by activist Pravin Wategaonkar seeking disclosure of the names of two top officials of the Maharashtra government who allegedly obtained benami flats in lieu of clearing files relating to the tainted Adarsh building.
As per the direction given to the CBI by the HC bench at the previous hearing held on September 28, the agency’s Joint Director (Western Region) Amrit Prasad was present in the court on Wednesday.
After the HC bench made it clear that it was not satisfied with the two reports submitted by the CBI and it asked to conduct further probe into the issues raised by the petitioners, Prasad told the court that the his agency had already completed its investigations into the benami flats and transactions, and filed its charge sheet against the accused in the CBI court in July 2014.
Prasad went on to tell the court that if the judges wanted the CBI to conduct further probe, it would do so. “This finding of the court is enough for the CBI to carry out further probe. As an investigating agency it was the CBI’s duty to probe,” the HC bench observed.
The judges also brought to the attention of the CBI that another bench of the high court had in April this year, while directing demolition of the 31—storey Adarsh building in south Mumbai, said that the Union and state government shall consider initiating criminal or civil proceedings against ministers, bureaucrats and politicians for misuse of official positions.
Among other things, the petitioner has claimed that during the early years of investigating the case in 2011, the CBI had arrested one of the main conspirators and promoters of Adarsh society, Kanhaiyalal Gidwani, and "claimed in their remand papers that the reason they needed Gidwanis custody was because he held benami flats for a few political leaders."
Gidwani, a Congress leader from Sangli, along with his family owned 10 flats in the infamous Adarsh building. He and his sons officially owned three flats. Of the remaining four flats, the source of money and real owners were never disclosed. Two flats were said to be in the names of high-profile members of the state government who helped clear the Adarsh file and two in the name of prominent politicians whose identities were never revealed. Gidwani died in 2012.
On his part, Wategaonkar has sought disclosure of names of two top officers of the Maharashtra government who had dealt with Adarsh files and allegedly obtained benami flats.
The contentious issue in the PIl should be seen in the backdrop of the fact that the 31-storey building was originally meant for Kargil war widows, but many of the flats were allotted illegally to bureaucrats and politicians. The building also allegedly violated coastal regulation zone (CRZ) norms and civic rules.
It may be recalled that on April 29 this year, the Bombay High Court had the ordered the Ministry of Environment and Forests (MoEF) to demolish the “illegal” 31 storey-Adarsh building at Colaba in south Mumbai and directed the Centre and state government to initiate civil and criminal proceedings against bureaucrats, ministers and politicians for various offences, including ”misuse and abuse of powers” by them.
However, on July 22, the Supreme Court stayed the Bombay High Court’s order that the 31-storey “illegal” building be demolished and directed the Centre to take possession and secure the 31-storey controversial Adarsh apartments
On July 29, in line with the Supreme Court's directive to the Centre on July 22, the Indian Army took possession of the controversial 31 storey Adarsh building at Colaba in south Mumbai to “ensure its security and prevent any encroachment”.