With the Maharashtra Governor turning down the CBI’s request for sanction to prosecute former Chief Minister Ashok Chavan for his alleged role in the Adarsh Housing Society scam, the probe agency has sought legal opinion to proceed against Chavan.
The CBI’s move comes against the backdrop of Maharashtra Government’s partial acceptance of the Adarsh panel report and its virtual admission that Chavan was involved in quid pro quo. Depending on the legal opinion, the CBI will either seek reconsideration of its request for prosecution sanction from the Governor or go for appeal before a higher court, official sources said.
The sources said the agency has asked the Directorate of Prosecution to suggest the possible steps that the CBI can take to bring the case to a logical conclusion. The legal opinion, sources said, is expected by next week. The opinion will also help the agency in deciding its stance before the trial court that is slated to begin framing of charges this fortnight, the sources said.
Maharashtra Governor K Sankaranarayanan had last month refused to grant sanction to the CBI to prosecute Chavan who had to quit the post of Chief Minister in 2010 after the scam surfaced.
The agency, in its charge-sheet, has accused Chavan of approving additional FSI (floor space index) to Adarsh society in exchange for two residential flats in Adarsh Housing Society for his relatives. The former CM was also chargesheeted for illegally approving the allotment of 40 per cent of the flats in the society to civilians that was originally meant for Kargil War widows and Defence personnel. He gave the approval during his stint as Revenue Minister. While seeking sanction to prosecute Chavan, the CBI had also presented strong evidence against the former CM as justification for its move.
In its charge-sheet, the agency had appended 160 documents from different departments besides statements of 150 witnesses to corroborate its charges. Other 12 accused people will now face trial once the designated court in Mumbai frames charges later this month.