The Bombay High Court has dismissed an application seeking a direction to CBI to arraign former Maharashtra Chief Minister Shivajirao Patil Nilangekar as an accused in the multi-crore Adarsh housing society scam.
Justice Sadhana Jadhav recently dismissed the plea of social activist Pravin Wategaonkar who had sought a direction to CBI to include Mr. Nilangekar as an accused in the scam on the ground that he had during his tenure as the state Revenue Minister allegedly illegally granted certain approvals to the Adarsh society.
The petition had alleged that Mr. Nilangekar’s son-in-law Arun Dawle was allotted a flat in the plush high-rise in south Mumbai.
CBI, in its reply to the application, said that the agency had looked into the alleged role of Mr. Nilangekar and others in relation to the scam and that the material unearthed during the course of the investigation did not warrant any action against the former Chief Minister.
The agency said that after its probe into the alleged benami transactions in relation to the scam, CBI has arraigned Arun Dawle and one Sampat Khidse as accused for acquiring flats under benami names.
After hearing arguments of both sides, Justice Jadhav said the court need not interfere when the agency has already looked into the allegations and arrived at a conclusion that no case is made out against Mr. Nilangekar.
“This court is of the opinion that courts should normally refrain from interfering with the investigation unless it is apparent on the face of record that the investigation in a particular manner would result into miscarriage of justice,” Justice Jadhav said.
Mr. Wategaonkar had approached the high court after a special CBI court rejected his application in February 2015.
