It is contended that according to the CBI manual, when government officials are involved in a case, the jurisdiction to investigate the offence lies with the investigating agency of the state, and not the CBI.
The Bombay high court will decide whether the state government’s anti-corruption bureau (ACB) can register an FIR against top government officials in the Adarsh housing society scam, or should the probe be conducted entirely by the Central Bureau of Investigation (CBI).
In a petition filed by activist Simpreet Singh on Saturday, it is contended that according to the CBI manual, when government officials are involved in a case, the jurisdiction to investigate the offence lies with the investigating agency of the state, and not the CBI.
The petition that Singh filed through his advocate YP Singh, however, mentions that with three former chief ministers involved in the scam, the ACB may be under pressure not to effectively probe the case.
“The ACB has failed to perform its duty by keeping its eyes shut on the scam,” Singh’s petition states. Citing a ruling of the full bench of the Bombay high court, the petition states that the ACB was duty-bound to file an FIR within 48 hours of the filing of the complaint, which it has not done.
The petition, Singh states, has been filed owing to the confusion over jurisdiction to investigate the Adarsh scam.
On August 27, 2008, Singh had first filed a complained to the navy against the building, but in September this year, the navy had stated that the building was not on naval land. However, it later changed its stand and said it was a security risk.
“The ambivalence of the state ACB to even look at this case speaks volumes about the undercurrent which may be determining their disposition,” the petition states, adding that it may be very tough for the ACB to investigate the case with “sterling impartiality”.
The petition seeks transfer of the entire probe to the CBI that is currently holding a preliminary inquiry in the case.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}