Author: Swati Deshpande
Publication: The Times of India
Date: February 2, 2011
URL: http://timesofindia.indiatimes.com/city/mumbai/Shinde-under-CBI-scanner/articleshow/7407786.cms
Another former chief minister of Maharashtra,
Sushilkumar Shinde, is in the crosshairs of the CBI in the Adarsh case. The
Bombay high court on Tuesday directed that the complaint submitted by activist
Simpreet Singh to the state Anti-Corruption Bureau (ACB) about the alleged
role played by Shinde in the scam be forwarded to the CBI for investigation.
A bench of Justice B H Marlapalle and Justice U D Salvi passed this order
while hearing a Public Interest litigation (PIL), which seeks that the entire
investigation into the scam be handed over to the CBI.
Singh, in November 2010, had written to the
CBI and annexed documents to allege that Shinde had played a role in the allotment
of memberships to Adarsh. Shinde was the chief minister of Maharashtra from
January 2003 to October 2004. The complaint to the ACB was that Shinde had
allegedly "falsified notings by manipulating and backdating to August
23, 2004, the allotment of 51 members" due to the election code of conduct
coming into force that year.
Singh's lawyer Y P Singh said that there were
"specific documents" to show that the allotment of some members
was backdated to avoid the restrictions imposed by the Election Commission
and Shinde should be investigated by the CBI. However, additional solicitor
general Darius Khambata and state advocate-general Ravi Kadam opposed Singh's
request as being a "premature demand". Kadam said the CBI was investigating
the case and hence the PIL no longer survives.
Y P Singh also did not express much faith
in the investigation being done by the CBI and said the court should supervise
its progress. But Khambata said the CBI was investigating the matter and had
already submitted its FIR in the case. He said the CBI must be allowed to
investigate further and look at all material, but to ask that someone be named
was not permissible.
Justice Marlapalle interjected, saying, "That's
not it. Their (the petitioners') apprehension is genuine." The bench
then passed orders that the complaint dated November 13, 2010 filed by Simpreet
Singh to the state ACB be transferred to the CBI for investigation.
The complaint against Shinde states that the
code of conduct imposed by the Election Commission of India was to remain
in force from August 24, 2004 to November 1, 2004, when the new government
was to be set in place. Thus, no order could be passed after August 23. But
to allegedly "overcome the constraints, a conspiracy was hatched to backdate
a noting by overwriting August 24 as August 23. The document was also signed
by Shinde as the chief minister then", the complaint says. "Another
noting by Shinde in September 2004 approved handing over the Adarsh land at
20% of its market value," says the complaint.
