The agency also said it does not feel it "legally necessary" to make Shinde, a former Maharashtra Chief Minister, an accused in the case.
The CBI's averment were made in an affidavit filed in response to a petition by social activist Pravin Wategaonkar seeking Shinde be made an accused in the case as he allegedly owned benami flats in the 32-storey building in upscale Colaba, close to a sensitive defence establishment.
According to Wategaonkar's application, Shinde had suggested inclusion of late Major N W Khankhoje as a member of the Adarsh society.
Former MLC Kanhaiyalal Gidwani, alleged kingpin in the case, had deposed before the Adarsh commission that Shinde had asked for inclusion of Khankhoje as member.
"Khankhoje's membership may have been pursued by K L Gidwani but it cannot be confirmed as Gidwani has passed away. The CBI charge sheet states that civilian members in the society were included at the instance of Gidwani," the affidavit reads.
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