<p>Singh had demanded that the entire scam probe be handed over to CBI. A division bench of Justices B H Marlapalle and U D Salvi also rejected an application filed by one of the accused in the case and former Deputy Secretary of Urban Development Department, P V Deshmukh seeking to clear his stand before the court and get a copy of the FIR.<br /><br />"Deshmukh has been implicated in the case without allowing him to clear his stand. His letters of recommendation has been misconstrued. He received a letter from the members of Adarsh Society and as a Deputy Secretary of the Urban Development department he only forwarded it to the Union Environment Ministry," Deshmukh's lawyer Niteen Pradhan argued.<br /><br />The High Court however refused to hear the application and observed, "CBI is responsible and must have named someone as an accused only after reasonable suspicion. It is an established fact that an accused does not have right to clear his stand before hand."<br /><br />The Court also directed Deshmukh to seek a copy of the FIR before the special CBI court. On a plea made by the petitioner to transfer the missing papers case also to CBI, the bench directed the Joint Commissioner of Police, Crime Branch to file a reply by February 17. <br /><br />Simpreet, in his petition, had sought investigations in Adarsh scam to be handed over to CBI as state Anti-Corruption Bureau (ACB) might be under pressure, and seeking the court to supervise the probe.<br /><br />"The court will have to supervise the case as CBI will not conduct a fair investigation. Cabinet Minister Sushil Kumar Shinde is also involved in the scam but his name is not there in the CBI FIR," Simprert's lawyer Y P Singh argued. However, the court said it is investigating agency's prerogative whom to name in the FIR.<br /><br />Shinde, who was then Chief Minister of Maharashtra, had accepted a proposal sent by Ashok Chavan, then revenue minister between 2001-2003, recommending 40 per cent allotment of flats in the society to civilians.<br /><br />Additional Solicitor General Darius Khambata, appearing for CBI, today told the court that the agency would be sending a letter to the state government requesting logistical support.<br /><br />The court directed the petitioner to forward his complaint and all papers to the investigating officer of CBI. Two months after initiating a preliminary enquiry into the case, CBI had on January 29 registered FIR against 13 persons including former Maharashtra Chief Minister Ashok Chavan, bureaucrats and retired Army officials.<br /><br />The FIR has been filed under various sections of IPC including criminal conspiracy, cheating, and forgery and showing forged document as genuine besides sections pertaining to Prevention of Corruption Act.</p>
<p>Singh had demanded that the entire scam probe be handed over to CBI. A division bench of Justices B H Marlapalle and U D Salvi also rejected an application filed by one of the accused in the case and former Deputy Secretary of Urban Development Department, P V Deshmukh seeking to clear his stand before the court and get a copy of the FIR.<br /><br />"Deshmukh has been implicated in the case without allowing him to clear his stand. His letters of recommendation has been misconstrued. He received a letter from the members of Adarsh Society and as a Deputy Secretary of the Urban Development department he only forwarded it to the Union Environment Ministry," Deshmukh's lawyer Niteen Pradhan argued.<br /><br />The High Court however refused to hear the application and observed, "CBI is responsible and must have named someone as an accused only after reasonable suspicion. It is an established fact that an accused does not have right to clear his stand before hand."<br /><br />The Court also directed Deshmukh to seek a copy of the FIR before the special CBI court. On a plea made by the petitioner to transfer the missing papers case also to CBI, the bench directed the Joint Commissioner of Police, Crime Branch to file a reply by February 17. <br /><br />Simpreet, in his petition, had sought investigations in Adarsh scam to be handed over to CBI as state Anti-Corruption Bureau (ACB) might be under pressure, and seeking the court to supervise the probe.<br /><br />"The court will have to supervise the case as CBI will not conduct a fair investigation. Cabinet Minister Sushil Kumar Shinde is also involved in the scam but his name is not there in the CBI FIR," Simprert's lawyer Y P Singh argued. However, the court said it is investigating agency's prerogative whom to name in the FIR.<br /><br />Shinde, who was then Chief Minister of Maharashtra, had accepted a proposal sent by Ashok Chavan, then revenue minister between 2001-2003, recommending 40 per cent allotment of flats in the society to civilians.<br /><br />Additional Solicitor General Darius Khambata, appearing for CBI, today told the court that the agency would be sending a letter to the state government requesting logistical support.<br /><br />The court directed the petitioner to forward his complaint and all papers to the investigating officer of CBI. Two months after initiating a preliminary enquiry into the case, CBI had on January 29 registered FIR against 13 persons including former Maharashtra Chief Minister Ashok Chavan, bureaucrats and retired Army officials.<br /><br />The FIR has been filed under various sections of IPC including criminal conspiracy, cheating, and forgery and showing forged document as genuine besides sections pertaining to Prevention of Corruption Act.</p>