Adarsh scam: HC raps CBI for delay in probe

The Bombay High Court on Tuesday rapped the CBI for the tardy pace of its probe into the Adarsh society scam. The high court directed the CBI to expeditiously conclude the investigation and take a final decision on registering an FIR within two weeks. The high court has rejected CBI’s request for four weeks’ time to finish the probe.

The court also ordered the issuing of summons to the regional joint director of the CBI to appear before it when the court takes up the case after two weeks. “It has been more than two months since the CBI has been conducting a preliminary inquiry into the case. Why have you (CBI) not registered an FIR as yet?” a division bench of justices B H Marlapalle and U D Salvi asked.

The court was hearing activist Simpreet Singh’s petition, which said that since both the CBI and the state Anti Corruption Bureau (ACB) were involved in the probe, it may create issues of jurisdiction which might hamper the probe.

The petitioner said that with three former chief ministers allegedly involved in the scam, the ACB may be under pressure not to effectively probe the case and hence, the entire investigation should be handed over to the CBI. “We fail to understand why there is a delay in lodging an FIR. Media reports have virtually carried CBI’s draft FIR and revealed all the names of the accused,” Justice Marlapalle said.

Additional Solicitor General Darius Khambata, appearing for the CBI, sought four weeks to finish the probe, saying, “It is a sensitive case involving big names. The investigating agency does not want to take any hasty decision.”

Meanwhile, the state home department, in its affidavit submitted to the court, said that in the Adarsh case, the issues which arise fall within the domain of the state government, and the central government has “little or no concern” with the same. “Handing over such investigation to another agency or the CBI is an extreme measure and rarely resorted to,” it said, adding that there is no jurisdictional basis for handing over the case to the CBI.

The 31-storey society in Colaba was allegedly built on a plot reserved for Kargil martyrs. However, the flats were allotted to the kin of bureaucrats and politicians. The alleged irregularities surfaced a few months ago and Ashok Chavan, who was then the chief minister, had to resign over the scam.