The state had opposed his petition arguing that if it is allowed it would mean a straight acquittal for him. It would then render the entire probe "futile''.
The Bombay High Court on Friday set aside the sanction granted to the CBI by Maharashtra Governor Ch Vidyasagar Rao to prosecute senior Congress leader Ashok Chavan in the Adarsh housing society scam.
A division bench of Justices Ranjit More and Sadhana Jadhav ruled that though the CBI had claimed to be in possession of fresh evidence against Chavan at the time of seeking the sanction, it "failed to present any fresh evidence."
The bench said the material presented by the Central Bureau of Investigation (CBI) before Governor Rao could not be converted into credible fresh evidence against Chavan.
"The sanctioning authority is an independent body that can't allow itself to be influenced by anyone's opinion," the court said.
The bench was hearing a petition filed by Chavan, challenging the sanction granted by the governor in February 2016 to prosecute the former chief minister of Maharashtra under various sections of the IPC related to criminal conspiracy and cheating, besides provisions of the Prevention of Corruption Act.
Chavan had challenged Rao's order in the high court, calling it "arbitrary, illegal and unjust" and passed with "malafide intentions".
Advocate Hiten Venegaonkar, appearing for CBI, said that the agency would appeal against the HC order in the Supreme Court.
Ashok Chavan had argued that sanction accorded to prosecute was a political vendetta, carried out to sabotaging his political career.
Ashok Chavan had argued that the ruling party with an intention to destabilize his political career had granted the sanction, even when the first time in 2013, sanction on similar evidence was refused by the Governor.
Chavan has challenged the sanction to prosecute him for offences under IPC sections 120 (b)(criminal conspiracy) and 420 (cheating and under various provisions of the Prevention of Corruption Act. Additional Solicitor General Anil Singh, had opposed the plea. He argued that the time of seeking sanction, first time in 2013, Adarsh Commission report, was available with the government but was not tabled and accepted by it so, it cannot be construed as a public document. However, second time, it acted as fresh material before the authority to consider. Though, authority (Governor) cannot be influenced by court judgments or commission reports while deciding on the sanction, it surely can consider, fresh material related to the same case, which becomes available at a later stage.
The CBI has accused Chavan of approving additional floor space index for Adarsh society in return for two flats for his relatives. He was also charged with illegally approving, as the then Revenue Minister, allotment of 40 percent of the flats to civilians.
(With inputs from PTI)
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