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Bombay high court gives CBI 1 week to show proof of ex-CM's innocence

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The Bombay high court on Monday rapped the Central Bureau of Investigation (CBI) and gave the agency one week's time to produce the report showing that it had found no evidence against former chief minister Ashok Chavan for 'misuse of power' in the Adarsh scam.

Justice ML Tahilyani asked the CBI for the report while hearing an application by the central agency seeking permission to delete Chavan's name from Adarsh scam.

HC takes CBI to task
Justice Tahiliyani said, "Show me the report where you have said that allegations made against him in the charge sheet are incorrect. Where is that report that the flats (for the Sharmas, relatives of Chavan) weren't given in consideration for 15 per cent extra recreational ground?"

CBI's defence
The CBI has contended that it has not found any evidence to show that Chavan was not part of criminal conspiracy. Whatever approvals Chavan had given, were within his powers, said the agency.
Justice Tahiliyani, however, remarked: "It might be within someone's power to grant sanction. But if extra sanctions are granted for personal gain, then it is a crime."
While giving an instance, Justice Tahiliyani said that a police officer was within his right to arrest. "But if the officer arrests someone at the instance of someone else, and is paid Rs 100 crore for it, is it not misuse of power," asked the judge.

Sleuths silent on misuse of power
The CBI said there was no evidence against him for criminal conspiracy, but remained silent on whether there was evidence for misuse of power. Also, it claimed that they had found no allegation against Chavan in their investigation in benami transactions.

To this, Justice Tahiliyani quipped: "I am not concerned with the word 'benami'."

The HC has given CBI time till October 7 to find the report and show the relevant documents. The judge had earlier sought a copy of the charge sheet.

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