In a setback for former chief minister Ashok Chavan, the Bombay high court on Wednesday refused to remove his name as an accused in the Adarsh scam.
Justice ML Tahilyani dismissed the application filed by the Central Bureau of Investigation (CBI). The agency, which was seeking to drop Chavan's name on the ground that the governor had refused to grant sanction to prosecute him, had approached the HC after the special CBI court had rejected its application for the same.
The HC has, however, stayed the order for four weeks on CBI counsel Hiten Venegaonkar's request to allow the agency to approach the Supreme Court.
Justice Tahilyani observed that the governor had refused to grant sanction to prosecute Chavan for the conspiracy charge under the Indian Penal Code, and that he can still be prosecuted under the Prevention of Corruption Act. "...the offence punishable under section 13(2) (of the Act) is independent of the offences for which the sanction has been refused by the governor," the judge said.
The accusations made in the charge sheet not only allege conspiracy but also allege individual acts committed by Chavan while serving as revenue minister and later chief minister. "Therefore, the charges levelled against respondent No.2 (Chavan) for the alleged individual acts cannot go away only because the governor has refused to grant sanction...," observed the judge.
Justice Tahilyani also said it can be seen from the material placed by the CBI that Chavan was holding public office and had obtained pecuniary advantage for his mother-in-law and brother of his father-in-law. "It can't be (a) coincidence that two close relatives of respondent No.2 got two flats worth crores by investing (a) much lesser amount as compared to (the) market value," he added.
The allegations against Chavan are that he, as revenue minister, had suggested induction of civilian members in the society with a view to get accommodation for his sister-in-law Seema Sharma, and, as chief minister, approved non-deduction of 15% R.G. to get a flat each for his mother-in-law and brother of father-in-law.
The trial judge had rejected the application on the ground that the matter was pending before the HC. Also, there was no provision under section 169 of the Criminal Procedure Code to delete the name of an accused from the charge sheet, the trial judge had said.
The trial judge had also categorically said refusal of sanction to prosecute Chavan for the offence punishable under section 120B and 420 of the IPC by itself will not exonerate him from the offence punishable under section 13(2) r/w 13(1)(d) of the Act.
A bumpy ride so far...
The CBI had filed the first charge sheet against the 12 accused on July 4, 2012. It did not require sanction to prosecute Chavan under sections of the PC Act as he was not CM at the time the charge sheet was filed. In all there are 13 accused, including Chavan.
However, sanction was required under section 197 of the Criminal Procedure Code to prosecute him for the offence punishable under IPC sections 120B and 420 as the alleged offences were committed by him while discharging his duties as revenue minister and chief minister.
The governor of Maharashtra, on December 17, 2013, refused to grant sanction under section 197 to prosecute Chavan. Hence, the allegations against him in the present charge sheet are confined to sections under the PC Act.
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