Rapping the Central Bureau of Investigation for not making any progress in the “crucial” probe into the missing documents related to the Adarsh Cooperative Housing Society, the Bombay High Court on Thursday said: “This is distressful. We are unhappy about this. It is the worst part of this case.”
A Division Bench of Justices Ranjana Desai and R.G. Ketkar was hearing a Public Interest Litigation petition filed by Mahendra Singh and Surendra Mohan Arora.
A case was registered in November last after it was noticed that certain key papers from the Adarsh files had gone missing from the Maharashtra Urban Development Department. Initially, the investigation was handed over to the Crime Branch of the Mumbai Police from the Marine Drive police station, where the case was registered. The Mumbai Police Commissioner had also stated that the Police had made remarkable progress in the investigation.
After a petition was filed for entrusting the investigation to the CBI, the High Court ordered transfer of the probe. Since then, the agency has submitted two reports to the court, but neither of it mentioned any progress in the case.
“What investigation is going on into the missing file case? In that [investigation], where are you? Who is responsible [for the file which went missing]? Has this been located? Where are they [the missing papers]?” Justice Ranjana Desai asked.
When counsel for the CBI said the investigation was in progress, the Bench asked angrily: “What do you mean by progress? Don't come up with evasive answers.” “It is surprising that if the investigation is indeed carried out, it isn't reflected in the report.”
The Bench later observed: “The investigating agency has not made any progress. According to us, it is a crucial issue. In the progress report [submitted to the court on Wednesday], nothing has been stated about the investigation into the missing files. The agency must focus on it.”
The court adjourned the hearing on unfreezing of Adarsh bank accounts. It rapped the Adarsh counsel for not adhering to its directives, given last time, to submit details of the statutory expenditure the society had to incur.
“For such a long time, you have done nothing. You have not given any details. Your affidavit doesn't reflect that the March 16 order was adhered to,” Justice Ranjana Desai said.
The society had approached the court requesting unfreezing of its bank accounts which were frozen on the CBI's directions. The society pleaded that it needed money for payment of statutory bills and taxes which were recurring in nature.
In another Adarsh-related matter, the court dismissed a petition seeking restoration of electricity and water supply to the building for maintaining its safety and security. The petitioner, a flat-owner in Adarsh, said he was willing to give an undertaking that he would stay in the building. On March 16, the court had directed the society to submit details about the statutory bills to the CBI.
