HC stays order against ex-CM in Adarsh case

Mumbai: The Bombay high court on Friday stayed its order of refusal to drop Ashok Chavan’s name as an accused in the Adarsh case, in a relief for former Maharashtra chief minister. The order has been stayed for six weeks after Chavan sought its recall as he was not heard on all points that the judgment dealt with. Thus, the criminal case will not proceed against Chavan before the trial court’s further orders.
Chavan had moved the HC to seek recall of the order passed by a judge recently refusing to drop his name as an accused. Chavan, who won the state assembly elections this year, said the order dismissing a Central Bureau of Investigation (CBI) plea to drop his name, was being questioned as it violated natural justice.
The HC order had said a trial court could always decide if a case was made out while taking cognizance. Chavan submitted that the issue of taking cognizance in general by a court and facts of a case are two different things, and he got no opportunity to argue the point.
After his petition, scheduled for hearing on Thursday came up before Justice Sadhna Jadav in the HC and was declined a hearing, Amit Desai, counsel for Chavan, sought an order from Chief Justice Mohit Shah for the matter to be heard by an appropriate bench. The CJ heard Desai and CBI counsel Hiten Venegaonkar, who agreed that the judgment by Justice M L Tahaliyani contained references to legal questions that were not raised during argument.
The matter was heard on Friday by Tahaliyani, who had dismissed the CBI plea.
Chavan said he had no role in widening Pethe Marg road, which was wrongly mentioned in the order. The judge said he would consider allowing a recall after hearing the matter properly. The judge stayed his order for six weeks and will now hear the matter in January 2015.
The CBI had in 2012 charge-sheeted 13 persons, including Chavan for conspiracy, and misconduct for their role in getting land allotted and plans passed for the 31-storey Adarsh Housing Society building in Cuffe Parade, near the defence area, where prominent politicians and bureaucrats or their families were allotted flats at concessional rates.
The CBI earlier this year moved the HC to remove Chavan as an accused after a trial judge rejected the plea in January. The state governor had last December refused to grant sanction, as required by law, to prosecute a public servant for cheating and conspiracy, offences under the Indian Penal Code in Chavan’s case, citing lack of prima facie evidence.