Adarsh scam: cloud over prosecution nod to CBI
CBI officials and legal experts fear that the government can use the rejection of report as an excuse to refuse permission to prosecute serving bureaucrats like the governor did for former chief minister Ashok Chavan.india Updated: Dec 22, 2013 00:17 IST
Though the rejection of the findings of the judicial commission by state government won’t impact CBI’s case in Adarsh Cooperative Housing Society scam, CBI officials and legal experts fear that the government can use the rejection of report as an excuse to refuse permission to prosecute serving bureaucrats like the governor did for former chief minister Ashok Chavan.
To prosecute serving bureaucrats, the CBI would need sanction from their respective sanctioning authorities.
Officials said that the rejection wouldn’t affect their case, as their investigation is not binding by any inquiry commission report or its rejection. However, the agency needs sanction to prosecute bureaucrats like Jairaj Phatak and Pradeep Vyas and it hasn’t been granted even after over a year of filing the charge sheet.
If the sanctioning authorities refuse sanction taking excuse of rejection of the judicial commission report then the agency wouldn’t be able to prosecute these bureaucrats. However, the retired bureaucrats who are named in the FIR can be prosecuted in any case.
YP Singh, an IPS officer turned lawyer also said that the rejection of the judicial report in itself wouldn’t affect the CBI case. “The charges are independent and the probe is also independent. This will not even have an iota of impact,” Singh said.