MUMBAI
A division bench of Justice Abhay Oka and Justice A Sayed observed that 'this is a complete non-application of mind.' This was said after going through the report submitted in a sealed envelope by the agency.
Unhappy with the investigation report submitted by the Central Bureau of Investigation (CBI) in the Adarsh Housing scam case, the Bombay high court on Thursday summoned Amrit Prasad, joint director of CBI (western zone), to remain present in court on September 28, and file an additional probe report.
The directions were given during the hearing of an application filed by Thane resident Pravin Wategaonkar, seeking further investigation on the alleged high-ranking beneficiaries of four benami flats in Adarsh Cooperative Housing?Society in Cuffe Parade.
A division bench of Justice Abhay Oka and Justice A Sayed observed that 'this is a complete non-application of mind.' This was said after going through the report submitted in a sealed envelope by the agency.
Wategaonkar claims that CBI, during the early years of investigating the case in 2011 had arrested one of the main conspirators and developer of Adarsh, Kanhaiyalal Gidwani, and "claimed in their remand papers that the reason they needed Gidwanis custody was because he held benami flats for a few political leaders."
The CBI had received the custody of Gidwanis based on that remand copy.
However, according to Wategaonkar, "CBI never produced any proof or even any statement of Gidwani about that issue. It did not even mention in the chargesheet filed by the CBI." Thus he hopes that the CBI will ordered to disclose this through their investigation papers, and CBI should investigate further.
Kanhaiyalal Gidwani, a Congress leader from Sangli, along with his family owned 10 flats in the infamous Adarsh building. He and his sons officially owned three flats, and of the remaining four, the source of money and real owners were never disclosed. Two flats were said to be in the names of high-profile members of the state government who helped clear the Adarsh file and two in the name of prominent politicians whose identities were never revealed. Gidwani passedaway in 2012.
The entire scam of Adarsh pertains to an illegally built 31-storey building, by few people including Gidwani and others, who passed off flats as quid pro quo to politicians for giving illegal permissions. Former Maharashtra chief minister and Congress leader Ashok Chavan's family members have a flat in the building. The chargesheet has been filed in the case, however trial is still pending.
Recently high court has asked the government to demolish the building; the order has been challenged in the Supreme Court.