CBI on Monday said the special court, hearing the Adarsh Society scam, did not need a government sanction to take cognisance of the charge sheet filed against former Maharashtra chief minister Ashok Chavan.
The agency’s statement came upon a query by the special CBI court. Special Public Prosecutor Ejaz Khan argued that no sanction was needed as Chavan was now only an MLA.
“Offences were allegedly committed when Chavan was a minister but now, when the matter is for taking cognisance, he is not a minister,” he argued.
There was no legal impediment even otherwise as the Bombay High Court, which is hearing two PILs on Adarsh case, had not stayed the proceedings or passed any order of restraint, Khan said.
The special court today scheduled the next hearing for August 30. On July 4, CBI filed a 10,000-page charge sheet against 13 accused, including Chavan. CBI had started the probe in November 2010.
During the hearing of PILs, the Society as well as the Maharashtra government recently filed affidavits in the High Court, challenging the CBI’s jurisdiction.
The land on which Adarsh stands belonged to state and it had not sought the CBI probe, so the central agency had no jurisdiction, they said.
Ministry of Defence has opposed the claim, saying ownership of the land was in dispute. The PILs are yet to come up for hearing.