Some pages from files pertaining to the controversial Adarsh Housing Society have gone missing from the Mumbai-based state headquarters of the ministry of defence, the judicial panel probing into the high-rise scam was told today.
After the controversy of missing Adarsh housing society files, another controversy of ‘missing notings’ from the ministry of defence (MoD) has surfaced in relation to the Adarsh case.
Major general SS Jog, in his deposition to the commission headed by justice (retd) JN Patil on Tuesday, mentioned that as per the practice of the army, any letter sent to the higher authority is supported with a noting sheet, which includes various remarks from the officer. With reference to the letter dated April 5, 2000, such a noting sheet was prepared said Jog.
The commission, considering it a necessary document which should be reviewed, asked MoD counsel Dhiren Shah on why these have not been submitted before the commission? The commission directed Shah to submit all the notings from the MoD with respect to the Adarsh case. However, Shah informed the commission that noting sheets were ‘not available’ with the MoD. The unavailability of noting sheets from the MoD also means that the commission would be missing important information regarding the Adarsh investigation.
In the wake of ‘unavailable’ noting sheets from the MoD, Jog’s handwritten minutes on the letter dated April 5, which according to him were written in the ‘anguished’ and ‘disturbed’ state of mind, became the only available evidence. These minutes strongly mention that the said letter should not be taken as NOC from the army to Adarsh CHS.
MoD counsel Shah also introduced a circular issued by the central government dated September 9, 1997, whereby no alienation or transfer of army land can be done without cabinet approval. Jog accepted that, in spite of knowing about the circular and the fact that army is in the possession of the land as per the letter of lieutenant colonel R Shrihari dated March 31, 2000, he issued the letter to the collector of Mumbai.
“I was disturbed by the entire letter which I had to send. What I put in the letter is as per the directions from Kumar. I wrote down the minutes, sensing that it might turn out to be important in future,” he said.
Jog also mentioned that the last three lines of the letter sent to collector of Mumbai, dated April 5, 2000, where it was mentioned that the disputed land does not belong to MoD, was as per the direction of the then-general officer commanding (GOC), major general AR Kumar who owns a flat in the controversial Adarsh CHS. “Necessary action at your end may be taken as deemed fit for the welfare of service personnel/ex-servicemen/their widows,” said the last three lines. This letter was the reply of the letter sent by Mumbai collector on March 29, 2000 which “requested to confirm that there is no objection to allot the land to the proposed society of the service personnel.”
However, Manish Desai, counsel for AR Kumar, stated that since the letter to collector of Mumbai not being the NOC for Adarsh CHS, Kumar has not acted outside his authority.
){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}
){kind=small}
){kind=small}