The additional chief metropolitan magistrate has sought a report from the Central Bureau of Investigation (CBI) on a complaint filed against the 68 members of the Adarsh Cooperative Housing Society.
Abdul Malik Choudhary, a social activist, had filed a complaint in January 2011. "In our complaint, we said a case should be registered against 68 persons who are members of the society," said Ashish Giri, Choudhary's advocate.
Choudhary wants cases against the members for criminal breach of trust, cheating, criminal trespass, forgery, and criminal conspiracy.
When Choudhary filed a private complaint, the CBI had already registered a complaint against 14 persons, including former defence officers, a former MLC, bureaucrats and former chief minister Ashok Chavan under the Prevention of Corruption Act and various sections of the Indian Penal Code (IPC). The agency had registered a case on the complaint forwarded by the ministry of defence in November 2010.
The CBI booked 14 persons for the offence of cheating, criminal misconduct and criminal conspiracy under the IPC and for offences such as misuse of official position for personal gain under the Prevention of Corruption Act.
"The agency booked only a few people and not all the members who had secured a flat in the building. Hence, to initiate criminal process against 68 members, we moved a private complaint before the magistrate court," said Giri.
On July 4, the CBI filed a 10,000-page charge sheet against 13 people before the special CBI court. However, the special judge is yet to take cognisance of it.
In September, when Choudhary's complaint came up for hearing, the court sought to know whether investigation against all Adarsh members was being carried out by any agency and whether a case had been registered against all of them.
Giri submitted to the court that the CBI was investigating the case, but the members against whom Choudhary had sought initiation of criminal proceedings were not made accused. He further submitted that the agency had implicated very few persons in the case.