Congress vice-president Rahul Gandhi may have called for a re-look at the Adarsh Housing Society Enquiry Commission Report, but the CBI has completed its operation cover-up by moving a court in Mumbai to drop charges against former Maharashtra Chief Minister Ashok Chavan, who was among 12 accused persons chargsesheeted in the scam.
The CBI, sources said, has contended that it has no fresh evidence against Chavan to challenge Maharashtra Governor’s refusal to grant permission for his prosecution in the Adarsh scam. With this all three former CMs of the Congress and all politicians have escaped from investigation and only babus have been booked.
Special public prosecutor Bharat Badami filed an application before a designated CBI court judge SG Dighe in Mumbai requesting him to allow it to remove Chavan’s name from the list of 13 accused chargesheeted in the case, citing the Governor’s decision, which it said was “non-appealable”. The court reserved its order on the application for Saturday.
Acceptance of CBI’s plea by the court would come as a huge relief for both the Congress and Chavan, the only former Chief Minister to have been made accused in the case though two of his predecessors — Vilasrao Deshmukh and Sushilkumar Shinde — were also under the lens. Deshmukh has since died.
A judicial commission of inquiry set up by the Maharashtra Government had indicted all three for “blatant violations” of statutory provisions in granting various clearances to the scam-tainted Adarsh housing society. The judicial panel’s report had said, “There was certainly a nexus between the acts of Chavan and benefits derived by his close relatives. The membership process clearly indicates that grant of requisite permission by Chavan was by way of quid pro quo.”
The agency had sought a legal opinion on the course of action to be taken by it following refusal by the Maharashtra Governor to grant sanction to prosecute Chavan. The legal officials of the Directorate of Prosecution have expressed the opinion that the CBI can seek review of the Governor’s order only after it gathers new evidence against Chavan.
Agency sources said since all the gathered evidence indicating alleged involvement of Chavan had already been placed before the Governor, the CBI was advised against going for a review of the Governor’s order.
Chavan had to resign in 2010 after being chargesheeted by the CBI along with 11 other accused persons. Chavan had challenged inclusion of his name in the chargesheet, saying no sanction for prosecution was taken from the Governor whereas the CBI had countered it by saying he was a former Minister at the time of being chargesheeted and sanction was not required.
The court, however, directed the agency to seek sanction for prosecution. later, the CBI approached the Maharashtra Governor seeking the sanction which was rejected last month even though the agency had made a detailed submission including documentary evidence to back its case.
The CBI had said in its chargesheet that Chavan had increased the floor space index (FSI) of Adarsh Housing Society in Mumbai in return for three flats to his relatives. Chavan’s mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and father-in-law’s brother Madanlal Sharma have flats in the society.
Chavan also allowed 40 per cent membership of the Society from the civilian category even as housing scheme was originally meant only for war veterans and defence personnel. Chavan played a key role in the scam, the CBI had alleged in its chargesheet.