In a major relief to Congress leader Ashok Chavan, the Bombay High Court on Thursday stayed his prosecution in the Adarsh scam. The court however said the trial court, which has not yet taken cognizance of the charge sheet, is free to go ahead with the trial of the other 12 accused. The Central Bureau of Investigation (CBI) had filed a charge sheet in the Adarsh housing society scam nearly two years ago.
The agency has, till date, filed two charge sheets in the matter, including a supplementary charge sheet about benami transactions. But the trial court has not taken cognizance of any of the charge sheets, neither has it proceeded with the trial, on the grounds that the High Court is seized with the matter.
In April this year, the CBI had moved the Bombay High Court seeking deletion of Ashok Chavan’s name as an accused in the Adarsh scam. The agency approached the High Court after the special CBI court refused to drop Mr. Chavan’s name as an accused. On Thursday, the court stayed trial against Mr Chavan till it passed any judgement on the CBI’s petition. Thus, the relief to Mr Chavan is interim in nature. It will last only till the final order is passed in the matter.
In its arguments before Justice Sadhana Jadhav, CBI argued that under the provisions of the Criminal Procedure Code, the prosecution can delete the name of any accused if it does not find sufficient evidence against him.
The agency represented by advocate Hiten Venegaonkar also stated that the Maharashtra Governor had refused to give sanction to the CBI to prosecute Mr. Chavan. Since Mr. Chavan was the Chief Minister and a former Revenue Minister, the agency required Governor’s sanction to prosecute him for offences under the Indian Penal Code.
Mr. Venegaonkar argued that though no separate sanction was required for prosecution under the Prevention of Corruption Act, those charges could not stand on their own once the IPC sections were taken away.
Mr. Chavan was booked by the CBI under various sections of the Indian Penal Code and the Prevention of Corruption Act for corruption and criminal conspiracy. He was accused of approving additional Floor Space Index to Adarsh society in lieu of two flats for his relatives. He also allegedly allotted 40 per cent flats to civilians, as a Revenue Minister, when the society was purportedly meant for Kargil war widows and defence personnel.
