For the first time, the Maharashtra government has questioned the ongoing Central Bureau of Investigation (CBI) probe in the Adarsh Co-operative Housing Society scam, before the Bombay high court.
On Monday, Anil Sakhare, special counsel, suggested the CBI could not have initiated the probe without the consent of the state, especially in the wake of the two-member panel’s finding that the land on which the high-rise at Cuffe Parade stands belonged to the state government.
“The CBI came into the picture only because of the presumption that the land belonged to the defence forces,” Sakhare said. When the division bench of justice SA Bobde and justice Mridula Bhatkar asked whether he was questioning the CBI’s jurisdiction to probe the case, the senior advocate replied: “Unless requested by the State of Maharashtra.”
“The Commission has given a finding that the land belongs to the State of Maharashtra, and therefore, it’s (the whole case) a state subject,” Sakhare added. “Say clearly that the CBI cannot investigate the matter, if it is your stand,” the judges then said.