Taking the Central Bureau of Investigation (CBI) to task, the Bombay High Court on Monday gave it one week to present a report showing that the agency had found no evidence against Ashok Chavan for ‘misuse of power’ in the Adarsh scam.
The court’s directions came as the agency sought permission to withdraw Mr. Chavan’s name from Adarsh prosecution.
“Show me the report where you have said that allegations made against him in the charge sheet are incorrect. Where is the report that the flats (for Sharmas, relatives of Mr. Chavan) weren’t given in consideration for 15 per cent extra recreational ground?” Justice M.L. Tahiliyani asked.
Earlier, the agency told the court that it had not found evidence against Mr. Chavan for criminal conspiracy, as whatever approvals he had given were within his power. But the judge observed that an accused doesn’t necessarily have to do an illegal act to misuse his power.
“It might be within someone’s power to grant sanction. But if extra sanctions are granted for personal gain, then it is a crime,” the judge said.
However, the agency remained silent on whether there was evidence of misuse of power. It said the investigation on benami transaction had found no evidence against the former Chief Minister.
“I am not concerned with the word ‘benami’,” the judge said. He gave CBI time till October 7 to find the report and show the relevant documents.
The trial court is yet to take cognisance of the charge sheet filed in Adarsh matter, even as Mr. Chavan has challenged CBI’s jurisdiction in investigating the case.
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