Adarsh scam: CBI opposes Maharashtra ex-CM Chavan’s innocence plea

The Central Bureau of Investigation today opposed a petition filed by former chief minister of Maharashtra Ashok Chavan in the Bombay High Court seeking quashing of the case registered against him in the Adarsh Society scam.

The scandal, which broke in 2010 and created several weeks of headlines, relates to the allotment of flats in the Adarsh Housing Society which put up a 30-odd storey building in the upmarket Colaba area of Mumbai.

The land was sanctioned for building affordable housing for the widows and children of armed forces personnel killed in the line of duty. However, it was increased in height in alleged violation of environmental regulations; and most of the flats were sold to senior retired Army brass, bureaucrats, or their kin.

Chavan had to resign in the wake of the scandal, and was also charged with misconduct. He has sought quashing of the first information report (FIR) lodged against him by CBI, arguing that he was falsely implicated by political rivals.

His petition also claims that CBI has no jurisdiction to probe the case, as neither the High Court nor the Maharashtra government had asked it to take over the probe.

At the last hearing, HC had sought replies on the issue from both the state government and the CBI.

The CBI said in its reply-affidavit today that Chavan, as the chief minister, granted 'undue favours' to Adarsh, in return for which relatives of his were allotted three flats.

Chavan also asked the Adarsh society to take 40 per cent of members from the civilian category, when it was originally meant only for families of war casualties, the CBI alleged, adding that Chavan played a key role in the scam.

On the jurisdiction issue, the CBI counsel said the defence ministry had forwarded a complaint to it, which led to the probe. But the Maharashtra government, in its affidavit, reiterated its stand that CBI had no jurisdiction to probe the scam.

A division bench of Justices P V Hardas and A R Joshi has sought copies of all the orders passed by other benches in the case, and affidavits filed by various parties. The next hearing will be on 12 April.

Chavan's mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and father-in-law's brother Madanlal Sharma have flats in the society.

The CBI has filed chargesheets against the former Chief Minister and 12 others for criminal conspiracy, cheating and criminal misconduct under the Indian Penal Code, in addition to charges under the Prevention of Corruption Act.