MUMBAI
The Bombay high court on Monday said CBI's (Central Bureau of Investigation) application seeking deletion of former chief minister Ashok Chavan's name from the Adarsh Housing Society scam was erroneous.
CBI had filed the application in April under section 169 of the Criminal Procedure Code. It wanted Chavan's name dropped as an accused in the scam as the governor had refused to grant sanction to prosecute the former CM.
Justice ML Tahilyani said such an application could only be made before the chargesheet is filed, and not after.
CBI had chargesheeted 13 people, including Chavan, in the case. The trial court is yet to take cognisance of it saying the high court is seized of the matter. Apart from the main chargesheet, CBI has also filed an additional chargesheet related to benami transactions.
Hiten Venegaonkar, the CBI counsel, however, submitted that there are high court judgments which had allowed such applications.
Amit Desai, Chavan's counsel, said CBI could not prosecute the former CM as the governor had not granted sanction for doing that.
Following CBI's application, HC had stayed trial against Chavan in August this year. The judge had, however, clarified that the trial court was free to go ahead with the trial against the other 12 accused.
Former journalist Ketan Tirodkar had filed an application seeking permission to intervene and oppose dropping Chavan's name. Justice Tahilyani said he would consider it on Sept 22, the next date of hearing.
Chavan and the others have been booked under IPC section 120 (b) for criminal conspiracy and various charges of corruption under Prevention of Corruption (PC) Act.
Hiten Venegaonkar said under IPC, governor's sanction was required to prosecute Chavan as he was a sitting MLA as well as the chief minister and revenue minister of the state when the alleged offence was committed.
As Chavan was the chief minister, law stipulates that the state give prior sanction to prosecute him in a criminal case. Chavan had stepped down as the CM after his name had been linked to the controversy towards the end of 2010.
CBI had accused Chavan of approving additional FSI (floor space index) to Adarsh Society in exchange of two flats for his relatives. He has also been charged with illegally approving, as revenue minister, allotment of 40% of the flats to civilians even though the society was meant for Kargil war widows and defence personnel.
Chavan had moved the high court questioning CBI's authority to probe the case. His petition is pending.
ISRO's EOS-06 satellite captures Phytoplankton concentration on global scale
IND vs ENG: Will Virat Kohli play in 2nd ODI vs England? Shubman Gill provides huge injury update
Who is Kiran Chaudhury? PCS officer caught in bribe case, just 4 years after posting
Jeet Adani-Diva Shah's wedding today: Know venue, gifts for guests and more
Meet woman, who works in Rs 163000 crore company, daughter of Hyderabad’s richest man
This is world's greenest railway station, 170 years old, home to over 7,000 plants, it's in....
As Sky Force nears Rs 150 crore, Nimrat Kaur treats househelp, her kids with movie screening
IND vs ENG: Shreyas Iyer creates history, becomes first player to achieve THIS massive milestone
Meet man, India's richest banker, who has bought Rs 202 crore property, his net worth is Rs...
'Heard there was....': Former India head coach provides major update on Virat Kohli's injury
A New Geopolitical Era: India and Israel's Role in the Evolving Middle East
David Warner’s touching moment with fans after Dubai Capitals reaches final of DP World ILT20
India’s Largest Book Stall Network: PrashantAdvait Foundation’s Mission to Revive Reading Culture
Mawra Hocane stuns in pastel mint green lehenga at her wedding to Ameer Gilani
Deepinder Goyal's Zomato changes its name, CEO shares journey of company, it is now called...
Rose Day 2025: Know the date, history, significance of each rose colour ahead of Valentine's day
'BJP-led NDA works for Santushtikaran, not Tushtikaran': PM Modi in Rajya Sabha
Who is Belle Gibson? Australian wellness guru created fake cancer story and later...
DP World ILT20 2025: Dubai Capitals clinch last ball thriller against Desert Vipers to reach final
Jeet Adani-Diva Shah wedding: First pic from Gautam Adani's mansion OUT as wedding festivities begin
Sunita Williams’ Spacewalk: A Record-Breaking Mission and a Stunning Selfie from Space
IND vs ENG: Ravindra Jadeja creates history in Nagpur, surpasses James Anderson to become....
Can IAS officers change cadres after marriage? Here's what rules say
Pavan Kumar Joshi innovates unemployment benefits payment security
Anil Ambani's company's share price surges over 6 per cent after it earns profit of Rs...
Why Dale Bhagwagar is Bollywood's only PR guru
Meet Anjum Khan, wife of cricket star Shivam Dube, her net worth is Rs...
IAF Mirage 2000 fighter aircraft crashes in MP's Shivpuri during training sortie
Meet IAS Tina Dabi's mother, who cleared UPSC to become IES, later resigned due to...
Good news for Infosys employees! Company to roll out annual hike letters by end of...
BIG win for India's largest govt bank, earns Rs 16891 crore profit in just...
Ajith Kumar's fans celebrate, throng theatres after Vidaamuyarchi's worldwide release: Watch
Purnam’s Spring Edit: Where heritage meets handcrafted luxury
RTPS Bihar: Apply for income, caste, and domicile certificates
'Welfare of students very close to Government's heart': EAM Jaishankar in Rajya Sabha
IND vs ENG: Why is Virat Kohli not playing 1st ODI vs England in Nagpur?
Man's love for Indian wife knows no bounds, makes dosa batter from scratch, video goes viral
Meet woman, CRPF officer, who cracked UPSC exam in first attempt, became...
Trump administration plans to pressure the IOC to come up with a uniform transgender athlete ban
PM Modi's 'Pariksha Pe Charcha' to feature Deepika Padukone, Mary Kom, Sadhguru among others
Why speed matters: Ajay Chava on overhauling CI/CD pipelines for modern development
What does "i" stands for in iPhone, iPad, and other Apple products? Check here to know
Meet Pakistani actress whose leaked private video went viral, often shares bold photos, she is..
After Isha Ambani, Ananya Birla set to enter into new space, it is...
Shah Rukh Khan hugs Aamir Khan at Loveyapa screening, fans say '90s' kids can fly now': Watch
Meet Diva Shah, daughter of diamond tycoon, she is set to marry Gautam Adani’s son Jeet Adani on...
After US, Israel halts participation in UN Human Rights Council
Sanam Teri Kasam actress Mawra Hocane ties the knot with Pakistani star Ameer Gilani, see photos