In a fresh development in the Adarsh scam, the Maharashtra government on Monday objected to the CBI probing the case.
During a hearing in the Bombay high court, the state government argued that CBI did not have the jurisdiction to investigate the case, as the land belonged to the state. The investigating body hadn’t received the state’s nod to probe the case, the government argued.
State government’s counsel Anil Sakhare told the court that the CBI did not have the jurisdiction to probe the matter as neither the state government nor the high court had handed over the investigation to it.
A division bench of justices S.A. Bobade and Mridula Bhatkar directed Mr Sakhare to file an affidavit stating that the state government had not given its consent to CBI to investigate the scam.
“A judicial commission has already submitted a report stating that the land, where the building stands belongs to the state government and not the defence ministry,” government pleader Anil Sakhare said.
The government pleader pointed out that while the CBI — formed under the Delhi Police Special Establishment Act — has jurisdiction in the Indian Territory, it can only probe any matter if the concerned state government or HC asks it to do so.
Senior counsel Shekhar Naphade representing Adarsh society in the PIL also supported the argument by the state.
In a related development, CBI counsel Ejaz Khan yet again sought an extension for filing the chargesheet. “Investigations are at the fag end. The chargesheet will be filed within 10 days,” Mr Khan said. The case has been adjourned to July 4.
The CBI had begun a probe in the Adarsh scam in 2010 on the directions of the ministry of defence.
Although nine of the accused were arrested in March this year they were subsequently released on bail after CBI failed to file chargesheet within the stipulated 60-day period.