In a new challenge to the Anti Corruption Bureau's (ACB) decision to seek closure of the Powai land scam case, the complainant has petitioned the special court seeking the case files and correspondence between any politician and the investigating agency in the matter.
In an application filed on Saturday, the complainant Santosh Daundkar has raised questions about the sincerity of the ACB which is probing the case and accused it of "inflicting a blow on the investigations" by not providing "critical files" pertaining to the investigations to counter its closure report.
The complainant has also sought to know "how much efforts were taken by the investigating agency towards conducting searches and effecting arrests in the case'.
"Despite the directions of the court, the ACB did not give us the relevant documents on the last date. As per our understanding the agency is deliberately suppressing the case at the behest of senior officers," YP Singh, Daundkar's advocate, told dna.
The special court has directed the ACB to respond to the demands by May 26.
The case relates to 344 acres in Powai which was given to Hiranandani builders on an 80-year lease for building houses for the poor in 1986. According to the tripartite agreement between the builder, the state government and MMRDA, the houses were not supposed to exceed 860 sq ft. But the builder, in connivance with government officials, constructed houses measuring 1,000 sq ft and these luxury houses were sold to the rich.
In January this year, the ACB filed a closure report saying adequate information was not found against the accused. However, the court said that it would go through the investigation report before deciding on closing the case. It has not yet taken a call on the closure application.
Now the complainant has asked the court that the ACB to submit the entire office files, page-wise, as maintained by the Mumbai branch of the ACB and the state headquarters of the ACB, including the departmental notings made by senior officers, references from the Mantralaya state headquarters and politicians, and the replies given by the agency. A copy of the complainant's application is available with dna.
"It is needless to add that the bar on providing case diaries is only to an accused when the trial is going on. In case of closure reports, no privilege of confidentiality can be claimed under the provisions of the Indian Evidence Act, 1872," reads the application.
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