Maharashtra challenges CBI jurisdiction in Adarsh case

Maharashtra challenges CBI jurisdiction in Adarsh case

The Central Bureau of Investigation (CBI), on Monday, informed the Bombay High Court that it would take 10 more days to file charge sheet in the Adarsh housing scam, even as the Maharashtra government challenged country’s premier investigating agency’s jurisdiction in the matter.

The argument presented before the court by the state government’s counsel Anil Sakhare revolved on two premises: “neither the state government nor the court has handed the investigation to it (CBI); and a judicial commission has submitted a report concluding that the land on which Adarsh building is constructed belongs to state government.”

Moreover, citing Delhi Police Special Establishment Act, Sakhare said that CBI, “is asked to probe a matter only if the state government or the High Court hands over the probe. In this matter neither has been done.”

The court on hearing the contention asked Sakhare to file an affidavit specifying that the 'state government has not asked CBI to investigate the scam.'

Taking the cue from advocate Sakhare, Shekhar Naphade, appearing on behalf of Adarsh Housing Society members, also reiterated the legal status of CBI in the matter. The court asked Naphade also to file an application in the matter.

The CBI counsel, after assuring the court during last hearing that the charge sheet would be filed by June 15, pleaded that as the investigations 'are in the final stages...the charge sheet will be filed within 10 days.” The next hearing has been posted to July 4.

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