Author: Express news service
Publication: The Indian Express
Date: March 24, 2012
URL: http://www.indianexpress.com/news/ghai-institute-sc-rejects-deshmukh-plea-says-the-case-needs-closer-look/927669/0

The Supreme Court on Friday decided to take a closer look at the “blessings” given by former Maharashtra chief minister Vilasrao Deshmukh to the transfer of 20 acres of government land to filmmaker Subhash Ghai to start Whistling Woods institute.

Deshmukh, who is now the Union Science and Technology Minister, had endorsed the land deal between Ghai’s Mukta Arts and the Maharashtra Film, Stage and Cultural Development Corporation in 2004.

On February 9, the Bombay High Court cancelled the land deal, saying Deshmukh had shown a “keen interest” in return for “undue favours”.

Hearing Deshmukh’s petition to expunge the remarks against him, a SC Bench of Justices H L Dattu and C K Prasad said the case had to be looked into at great detail. Refusing to stay the HC order, the Bench issued a formal notice and scheduled a hearing after four weeks.

Senior advocate K K Venugopal, appearing for Deshmukh, said his client’s act of putting a signature on the agreement paper was a “frank gesture” to convey his “blessings”. Justice Dattu asked “whether blessings are given by hand or signature”. “What is the message... the highest functionary of the state has given his blessings,” the Bench remarked.

Venugopal said the HC made the remarks despite the fact that the primary accusations against Deshmukh — that, property was given to a Trust run by his wife and son in connection with the land deal and, secondly, the former CM endorsed the transaction in a gesture of “quid pro quo” to promote his actor son in the industry — were rejected outright. “His son was a student of architecture at the time and had nothing to do with this venture... in case where the allegations are incomplete, that too allegations made against a dignitary, the court should not take an adverse view on just suspicions. But proof of a very high level is required,” Venugopal said.

When his turn came, advocate Ram Jethmalani pointed to the CAG report valuing the land at three time more than the price in the deal. Jethmalani pointed to how Ghai had approached Deshmukh after he became CM, and the “speed” with which the deal was sealed.

But, instead, the Bench asked Jethmalani to substantiate his accusations with evidence to show that Deshmukh had used his influence to get the land deal across. “All letters are signed by department secretaries... Where is the recommendation of the CM?” Justice Prasad asked.