What made governor change mind on nod to try ex-CM Ashok Chavan in Adarsh scam: HC asks Maha

In February last year, Rao had allowed the CBI to prosecute Chavan for offences of criminal conspiracy, and cheating under the Indian Penal Code, and the Prevention of Corruption Act. However, in December 2013, Rao’s predecessor, the then governor K Sankaranarayanan had refused to permit the CBI to initiate proceedings against Chavan.

The Bombay high court on Tuesday asked the state government to explain what the change in circumstance was that led the Maharashtra governor’s office to sanction prosecuting former chief minister Ashok Chavan in the multi-crore Adarsh housing society scam, even though the sanction was refused initially.

Chavan claimed that the Rao’s sanction was “arbitrary, illegal and unjust” and passed with “malafide intentions.” (HT file photo)

A division bench headed by Justice Ranjit More was hearing a petition filed by Chavan challenging governor Ch Vidyasagar Rao’s decision to sanction the Central Bureau of Investigation (CBI) to prosecute him in the scam.

In February last year, Rao had allowed the CBI to prosecute Chavan for offences of criminal conspiracy, and cheating under the Indian Penal Code, and the Prevention of Corruption Act. However, in December 2013, Rao’s predecessor, the then governor K Sankaranarayanan had refused to permit the CBI to initiate proceedings against Chavan.

On Tuesday, the former chief minister’s counsel Amit Desai told the court that Rao granted the sanction after CBI approached the governor’s office again claiming it had ‘fresh material’ against the former minister. The counsel argued that there was, however, no such fresh material with the CBI.

Chavan claimed that the Rao’s sanction was “arbitrary, illegal and unjust” and passed with “malafide intentions.”

The court has now directed the advocate general to appear in the matter on the next date and scheduled the next date of hearing for April 17.

The CBI had accused Chavan of having approved additional floor space index for Adarsh society in return for two flats for his relatives and named him as an accused in its FIR filed in December 2013.