Gavit says PIL against him not maintainable, HC refuses plea

Maharashtra's former Medical Education Minister Vijaykumar Gavit today challenged the maintainability of a PIL alleging wealth accumulation by him and family members in a disproportionate assets case but the Bombay High Court said it would not entertain this plea as the petition had already been admitted.
Gavit's Counsel Mahesh Jethmalani argued that the PIL was not maintainable.
However, a bench headed by Justice Abhay Oka said at this stage this issue cannot be argued because the PIL filed by Nashik-based Vishnu Musale had already been admitted.
The bench expressed complete satisfaction over the Anti-Corruption Bureau (ACB) probe and said the inquiry was proceeding on the right track.

The bench also asked Income Tax Office and Anti-Corruption Bureau, conducting the inquiry, to file a fresh report of compliance of court orders by September 16.
The Court had sought to know from the State on last occasion, as to why no FIR had been lodged against Gavit and his family in this case.

Even after an initial inquiry by ACB found prima facie substance in the allegations, no case had been registered, the bench had noted.
The Government had then informed that the inquiry was taking time because ACB wanted to find out the source of funding of educational institutions controlled by the Gavits.

However, the court was of the opinion that this would be a part of the entire inquiry and cannot be a ground to delay registration of FIR.
The probe is being conducted by Deputy Superintendent of Police, ACB, Dhule, Shivaji Budhwant and monitored by the Superintendent of Police, ACB.
According to ACB, even prior to this petition it had received complaints against Gavit. So it held a discreet inquiry and found that prima facie there was substance in the allegations that the family had amassed assets disproportionate to the known sources of income.
Gavit, a senior NCP leader, was sacked from Maharashtra cabinet earlier this year after his daughter Heena Gavit accepted a Lok Sabha ticket from BJP from Nandurbar (and went on to win the election).