Mumbai: In the case of Multi- crores Adarsh Housing Society Scam, the Former Chief Minister of the State of Maharashtra, Ashok Chavan, preferred to move to the Hon’ble Apex judicial authority in India, Supreme Court against the decision of High Court of Bombay.
The order of Hon’ble High Court passed by Justice M. L. Tahaliyani which Ashok Chavan is challenging before the Hon’ble Apex Court is the relating to dismissal of appeal for re- calling the earlier order where his name deletion from the case of Adarsh Housing Society’s Scam was refused. The petition challenging said dismissal order was filed by Chavan in the month of December, 2014.
The Hon’ble Apex Court decided to hear the plea of Ashok Chavan on 24th day of this April and as such required the State Government of Maharashtra to take adjournment before the concerned Trial Court in the concerned case.
Such refusal of re- calling the order where his name deletion from the concerned Adarsh Housing Society scam case was refused, can result in his facing trial under the provisions of the Prevention of Corruption Act in respect of his allegedly misusing official position while granting permissions to Adarsh Housing society.
The said refusal of dropping his name was firstly made on the approach of Central Bureau of Investigation- CBI by the CBI Court. A ground pleaded by CBI was that the Governor concerned had refused to sanction the prosecution against Ashok Chavan. Challenging the said, the Agency approached to the Hon’ble Bombay High Court, where Justice M. L. Tahaliyani has rejected such deletion by dismissing challenge, in the month of November, last year having observed that the concerned Governor had refused Sanction for prosecuting Mr. Chavan under Conspiracy Charges within the provisions of the Indian Penal Code- IPC, however, his prosecution can still be made within the provisions of the Prevention of Corruption Act.
Moreover, the individual acts of Mr. Chavan during his Revenue Minister and later the Chief Minister of the State, were pointed by the Hon’ble High Court, saying that the same cannot go away only due to refusal of his prosecution for conspiracy and cheating charges, by the concerned Governor.
by Faim Khalilkhan Pathan.