Chavan has challenged the sanction to prosecute him for offenses under IPC sections 120 (b)(criminal conspiracy) and 420 (cheating and under various provisions of the Prevention of Corruption Act.
Defending their prosecution of the Congress state unit president Ashok Chavan in the Adarsh society scam, the Maharashtra government informed the high court that the prosecution was not malafide and the sanction for it had been granted by Governor Vidyasagar Rao. Appearing for the state, additional solicitor general Anil Singh said that Chavan could raise his objections in the trial court, adding, "The governor's order is an administrative order and not a quasi judicial one. Arguments questioning validity of sanction and evidence before the authority (Governor), which applied its mind before allowing the application forwarded by the government, can be decided at the time of trial."
Chavan has challenged the sanction to prosecute him for offenses under IPC sections 120 (b)(criminal conspiracy) and 420 (cheating and under various provisions of the Prevention of Corruption Act. It is argued by him that the ruling party, with an intent to destabilize his political carrier, has granted the sanction, even when the first time in 2013, sanction on similar evidence was refused by then Governor.
Singh countered this claim and said that in 2013, at the time of seeking sanction, the Adarsh Commission report was available with the government, but had not been tabled and accepted, so couldn't be construed as a public document. However, the next time, it served as fresh material before the authority to consider.
On a query made by the bench of Justice Ranjit More and Justice Sadhana Jadhav on how the agency intended to prove the sanction in the trial court, as the Governor cannot appear in court, Singh said the investigation officers, both at the time of first refusal and second sanction, would be examined.
Allegations
Accused of providing additional FSI in return for two flats for relatives
Also charged with illegally approving, as the then Revenue Minister, allotment of 40 per cent of the flats to civilians
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 "Ashok Chavan")
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