Two days after a special court denied it custody of Adarsh scam accused Kanhaiyalal Gidwani, the Central Bureau of Investigation (CBI) probing irregularities in construction of the Colaba high-rise moved the Bombay high court against the ruling on Thursday.
Justice RC Chavan has posted the CBI’s petition for hearing on Friday.
On March 27, a special CBI court had rejected the agency’s plea seeking the former Congress legislator’s custodial interrogation, and instead remanded him in judicial custody. Gidwani and three others were arrested by the CBI on March 6 for trying to influence officials investigating their involvement in the scam. Gidwani was re-arrested the day he was granted bail, on March 23, after the court pulled up the agency for not making any arrests in the Adarsh case. He was remanded in CBI custody for four days, after which the special court sent him to judicial custody.
In the petition before the high court, CBI counsel Revati Mohite-Dhere pointed out that Gidwani has been in CBI custody for two distinct offences, two separate first information reports have been registered by the agency, and the earlier custody cannot be held as a premise for refusing his custodial interrogation.
Gidwani is alleged to have played the role of a conduit between defence personnel and state administration officials and purportedly helped them secure various clearances for the 31-storey tower. Although he owns three flats in the building, the CBI investigation has revealed that he had paid for four more through his bank account.